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2024 Supreme(All) 520

ARUN KUMAR SINGH DESHWAL
Dinesh Tiwari @ Dhirendra Kumar Tiwari – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellants : Anshumali Srivastava, Mayank Srivastava.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard learned counsel for the applicant and Sri Arvind Kumar Tripathi learned A.G.A. for the State.

2. The instant application u/s 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of Case No. 426 of 2007 (State vs. Rashmi Srivastava and Others), arising out of Case Crime No. 137 of 2006, under Sections 3/4/5/7/8/9 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as “Act”) P.S. Sarojini Nagar, District Lucknow, including the charge sheet No. 7 of 2006 dated 7.8.2006, pending before Judicial Magistrate-III, Lucknow.

3. Though the present application has been filed after a considerable delay, this is being entertained because question of law is involved here.

4. The facts, giving rise to the present impugned proceeding, are that on 11.6.2006, the police conducted a search of a house that belonged to one Haji, on the information received from an informer that some of the persons were conducting prostitution. During the search, the applicant was found in an intimate position with co-accused lady “S” (name changed), who was allegedly involved in prostitution in a locked room. As per the police, S.H.O. had see

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