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W. DIENGDOH
Somnath Barua – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. On 18.10.2021, a complaint was lodged by one Women Police Sub-Inspector WP/SI K.R. Marak before the Officer-in-Charge, Sadar Police Station, Shillong to the effect that on the same day, at about 6:30 pm two police personnel in plain clothes UBC 2706 M.D. Kharkongor and UBC 2736 Y. Raliang while performing their duties at Jail Road and Police Bazar area spotted one girl and two males talking near Vishal Mega Mart after which one of them went with the girl to the compound behind J.K. International Hotel which is suspected to be an area where brothels and places for soliciting sex workers for prostitution takes place. The said police personnel then followed the girl and her companion and saw them entered a room. Later, a search was conducted and the said girl was found to be in the company of Rami Sinha and Sunil Kr. Singha.
2. Accordingly, on receipt of the said complaint, a case was registered being Shillong Sadar P.S. Case No 240 (10) 2021 under Sections 3(2)(a)(b)/4(1) of the Immoral Traffic (Prevention) Act, 1956 and initially four persons were arrested in connection with the said case, including the petitioner herein.
3. The petitioner has approached this Court with thi
The requirement for a special police officer empowered under the Immoral Traffic (Prevention) Act to investigate offenses and the seriousness of the accusation against the petitioner.
The main legal point established in the judgment is that the allegations in the FIR must disclose an offence, and the court can exercise its inherent power under Section 482 Cr.P.C. to set aside and ....
The main legal point established in the judgment is the importance of complying with mandatory provisions under the Immoral Traffic (Prevention) Act, the distinction between mandatory and directory p....
The court emphasized that the power to quash a complaint/FIR should be exercised sparingly and as an exception, following the guidelines and parameters laid down by previous judgments.
The authority of the first respondent to register the FIR under the Immoral Traffic (Prevention) Act and the non-vitiating nature of procedural irregularities in conducting the search.
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