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2000 Supreme(Ori) 167

L.MOHAPATRA
Sushanta Kumar Patra alias Hemanta Kumar Das – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioners:Mr. Devasis Panda
For Opp. party:Addl. Standing Counsel

JUDGMENT

L. MOHAPATRA, J. — This application under Sec. 482 of the Code of Criminal Procedure has been filed challenging the order dated 18.9.1996 passed by the learned Sub divisional Judicial Magis¬trate, Bhubaneswar, taking cognizance of the offences under Secs. 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956 (for short, ‘the Act’).

2. On 18.9.1995 the Inspector-in-charge of Bhubaneswar P.S. drew up a plain paper FIR stating that on the same day after receiving a reliable information with regard to prostitution at Sangam (Shiva) Lodge at Dhauli Junction, he conducted a raid with the assistance of other police officers and some local persons and during search three women were located in the ground floor concealing themselves under a bed. All the three women were within the age group of 18 to 26. During raid, five customers were apprehended including all the three petitioners. It is fur¬ther stated in the FIR that during raid the petitioners and the other two accused persons were trying to escape. On the basis of such allegations, investigation was taken up and charge-sheet was submitted for offences committed under Secs. 3, 4, 5, 6 and 7 of the Act.

3. The learned c





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