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2010 Supreme(HP) 613

SURINDER SINGH
IMTIZOR IMAMOVA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates appeared:
For the Petitioner:Mr. Anup Chitkara and Ms. Nidhi Chawla, Advocates. For the Respondent:Mr. Anshul Bansal, Additional Advocate General.

JUDGMENT

Surinder Singh, J.(Oral)-The petitioner is a foreigner, resident of Uzbekistan. She alongwith her accomplices, was found loitering in the area of Manali. Police apprehended them on 27th January, 2008 as they were not having valid passport and visa. Surprisingly, on 5th February, 2008 they were released on bail by the Judicial Magistrate, Manali, more specifically when they were foreigners and were not having valid documents.

2. Challan was presented in the Court. They were present when charge-sheeted, but thereafter none of them put in appearance and were absconding.

3. Ultimately it came to the notice of the authorities that the petitioner was lodged in Tihar Jail consequent upon the registration of FIR No.401 of 2008 dated 17th December, 2008, under Sections 376, 386, 420, 323, 342, 120B read with Section 34 of the Indian Penal Code and also under Section 5 of Immoral Trafficking Prevention Act, Police Station, Defence Colony, District South Delhi.

4. Production warrants were issued by the Judicial Magistrate, Manali. Pursuant to that, she was produced and now she is lodged in judicial lock-up. The case is fixed for 19th April, 2010 for the service of other co-accused.







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