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2007 Supreme(UK) 45
2007 N.C.C. 448
UTTARANCHAL HIGH COURT
Hon’ble Mr. Justice Rajesh Tandon
DR. ANAND SUMAN SINGH – Appellant
Versus
STATE OF UTTARANCHAL & ANR. – Respondents
C-482 No. 882 of 2006
Decided on : 19.02.2007
For the Appellant :Mr. Sandeep Tandon, Advocate
For the State : A.G.A.
Headnote:Cr.P.C., 1973-Sec. 482 — Inherent powers of High Court — Exercising of — Such power to be exercised either to prevent abuse of process of court or otherwise to secure ends of justice — Where allegations made in F.I.R. or complaint, even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against accused, such powers can be exercised. (Paras 20, 21, 22)
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Hon’ble Rajesh Tandon, J
Heard Sri Sandeep Tandon, counsel for the applicant and A.G.A. for the State.
2. By the present application filed under Section 482 of the Code of Criminal Procedure, applicant has prayed for quashing the order dated 19.08.2006 passed by 1st Addl. Chief Judicial Magistrate, Dehradun in Criminal Case No. 3617 of 2006 State Vs. Anand Suman Singh and others under Sections 3, 5, 6 (b), 8 of the Immoral Traffic (Prevention) Act, 1956 Police-Station – Patel Nagar, District Dehradun and for quashing the charge-sheet dated 18.08.2006 submitted by Police Patel Nagar, district Dehradun in case Crime No. 129 2006 and further for quashing the proceedings of Criminal Case No. 3617 of 2006 State Vs. Anand Suman Singh & Ors. based on charge-sheet submitted by Police in Case Crime No. 129 of 2006 so far as it relates to the applicant alone.
3. Briefly stated, on 21.06.2006 a First Information Report was lodged under Sections 3, 5, 6 (b) and 8 of the Immoral Traffic (Prevention) Act, 1956, by one Shri Thakur Singh Rawat, Regional Officer, Patel Nagar, Dehradun against the applicant and nine other persons; namely Stella David, Ahmad Numan Khan alias Prince, Km. Pooja, Robert John, Monu, Kajal, Tarun, Monika and Amar Saxena.
4. According to the FIR, on 21st June, 2006 Police received an information that some men and women are involved in immoral trafficking in a house situated at Dehrakhas Colony. Getting this information, Police came into action and a Police Party headed by Shri Thakur Singh Rawat, C.O. Patel Nagar reached there and entered into the house through window and channel and found four groups of fully necked men and women involved in copulation in four different closed rooms. They were forced to open the door. One lady Smt. Stella David and one man Ahman Numan Khan alias Prince were found in the Lobby. In one room (Store) one Tarun was found along with one Lady Monika. In one room one Robert John was found along with one lady namely Km. Pooja and in another room one Monu was found along with a lady namely Kajal. While such process was going on, one Amar Saxena ran away, who was ultimately chased and arrested at Doiwala along with his Santro Car.
5. Coming to the charges against the applicant, when all the abovenamed persons were being arrested, Mobile Phone (number 9911083330) in the possession of Ahmad Numan Khan alias Prince rang and the call was attended by Ahmad Numan Khan alias Prince replying the Caller that he has been arrested by the Police and is not in a position to supply girl to him. He also sought help from the Caller. Again at 21:18, the same phone rang and Ahmad Numan Khan alias Prince intimated the Police that it is Netaji’s call and requested the police to talk to him. This time the above call was received by Constable Sanjay. The caller directed the police either to release the above named arrested persons or to face dismissal from their job. On the quarry, Ahmad Numan Khan disclosed that the caller was Dr. Anand Suman Singh. This case was registered as Case Crime No. 129 of 2006.
6. During the arrest of all the abovesaid persons on the spot, Investigating Officer also recorded the statement of the arrested persons namely; Smt. Stella David, Ahman Numan Khan alias Prince, Robert John, Monu, Tarun, Km. Pooja, Kajal, Monika, Amar Saxena under Section 161 of the Cr.P.C.
7. As per Case Diary No. —1 —A dated 22.06.2006 Police Party arrested the applicant from the house of the applicant at 4.00 P.M. under Section 5/8 of Immoral Traffic (Prevention) Act, 1956 and after the arrest of the applicant police also recorded the statement of the applicant under Section 161 of the Code of Criminal Procedure.
8. During the process of the investigation, the Investigation Officer recorded the statement of the Witnesses namely Thakur Singh Rawat, C.O. Patel Nagar, G.C. Bothiyal Inspector, Patel Nagar, Constable 44 Sanjay Yadav, Pooran Singh, Smt. Bharosi Devi, R.K. Saklani, Dinesh Mohan Raturi, Manohar
