JUDGMENT

Sanjay Kumar Dwivedi, J. - Heard Mr. Jitendra Shankar Singh, learned counsel for the petitioner and Mr. Deepankar, learned counsel for the opposite party-State.

2. This criminal miscellaneous petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioner has challenged the legality and validity of the order taking cognizance dated 27.10.2020 passed in Bistupur P.S. Case No.88 of 2020 corresponding to G.R. Case No. 960 of 2020 by the learned Chief Judicial Magistrate, Jamshedpur. The prayer for quashing the entire criminal proceeding in connection with the said P.S. case has also been made.

4. The factum of the case in narrow compass is that the Officer-in-Charge of Bistupur Police Station has lodged the F.I.R. alleging therein that during the investigation of Bistupur P.S. Case No.87 of 2020, rooms of Hotel Alcor were inspected through CCTV footage. On going through the CCTV footage, it was detected by the informant that Sharad Poddar was a regular visitor of that hotel. The manager of the hotel, namely, Dhananjay Kumar Singh had disclosed that Sharad Poddar had kept one Aishwarya Tarak Singh in room no. 402 since 23.03.2020. It has further been stated that from the CCTV footage, it transpires that Sharad Poddar used to go to the hotel everyday for a few hours and then leave. When the informant inspected room no. 402 where Aishwarya Tarak Singh was found and thereafter she disclosed that she had a relationship with co-accused Sharad Poddar since last six months and she was made to stay in the hotel since 23.03.2020. She further disclosed that the entire bills of the hotel were being paid by Sharad Poddar. She also disclosed that Rahul Kumar Agrawal who was a friend of Sharad Poddar used to visit her in the hotel as well as in Kolkata along with Sharad Poddar. On the investigation of the mobile phone of the said girl, several suspicious images of currency notes were found in her whatsapp messages along with one image of her finger wearing a ring in which it was written 1 Kg and 2 KG. On interrogation, it was disclosed that 1 Kg means Rs.1 Lakh and 2KG means Rs.2 Lakhs and the picture of the finger was found to be that of Aishwarya Tarak Singh. On investigation, it was also found that since one month Aishwarya Tarak Singh was being kept in hotel by Sharad Poddar and prostitution work was going on during the lockdown and the indulgence of Rahul Kumar Agrawal, manager of the hotel namely Dhananjay Kumar Singh and owner of the hotel namely Rajeev Singh Dugal @ Rajeev Duggal (petitioner) cannot be ruled out. On the aforesaid backgrounds, the police officer after investigation has submitted a charge-sheet bearing no.154 of 2020 dated 24.06.2020 under Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956. The learned Chief Judicial Magistrate, Jamshedpur took cognizance vide order dated 24.06.2020, which was challenged by the petitioner in Cr.M.P. No.2118 of 2020. The said Cr.M.P. was allowed by this Court vide order dated 21.10.2020 and cognizance order was set aside with direction to the court below to pass a fresh order, in accordance with law. After remand of the matter by this Court, the learned Chief Judicial Magistrate, Jamshedpur has again taken cognizance vide order dated 27.10.2020 against the petitioner and others under Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956 read with Section 34 of the Indian Penal Code. Aggrieved with this, the petitioner has approached this Court.

5. Mr. Jitendra Shankar Singh, learned counsel for the petitioner assailed the cognizance order dated 27.10.2020 on the ground that without applying his judicial mind, the learned Chief Judicial Magistrate, Jamshedpur has taken cognizance under Sections 3, 4, 5 and 6 of the