Crl. M.C. 4341/2011 Page no. 1/18

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL.M.C. No. 4341/2011

%

SHIV MURAT DWIVEDI @ SHIVA

......

Petitioner

Through:Mr. Majeed Menon, Sr.Adv.

with Mr. Sunil Kumar and Mr. Zafar

Siddiqui, Advs.

Versus

STATE

......

Respondent

Through: Mr. Navin Sharma, APP for

State.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J

1. Vide the instant petition, the petitioner has sought to quash the charge-

sheet arising out of FIR No. 54/10 under Section 3 MCOCA registered at

PS-Saket, New Delhi and also sought to set aside the order on charge dated

03.08.2011 and framing of charge dated 10.08.2011 passed by ld. Addl.

Sessions Judge-01, South District, Saket Court, New Delhi.

2.

The brief facts of the case are that on information being received that

there was a racket of prostitution in the area, involving Immoral Trafficking,

therefore informers were deputed to develop this information.

3. On 25.02.2010, while the SHO was present in the Office, informer

came at the office at 8.40 PM and informed that pimps would be coming in

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Honda cars at PVR Saket Complex around 10 PM and would offer girls to

the customers for prostitution. This information was passed on to Sh. Meher

Singh, ACP, Hauz Khas, who directed to constitute a raiding party

immediately. Accordingly, a raiding party comprising of Sh. Pankaj Singh,

SHO of PS-Saket, Inspector Dharam Dev, Inspector Ram Kumar, SI Dalip

Kumar, SI Praveen Kumar, SI Sanjay Sharma along with other staff, was

formed.

4. Accordingly, SI Sanjay Sharma was detailed as decoy customer and

SI Dalip Kumar was detailed as shadow witness. Accordingly, the raiding

party took their position. At around 10 PM, one Honda City Car, bearing

registration no. DL-7CF-2115 and Honda Civic Car vide registration no.

DL-4CAA-0300, came and stopped opposite PVR. For the purpose, SI

Sanjay Sharma was deputed and nothing left with him, except five notes of

denomination of Rs.1,000/- were handed over and was briefed accordingly,

to strike a deal with the pimps for procuring girls and to make a signal after

the deal is finalized.

5. At around 10.30 PM SI Sanjay Kumar made a signal on which two

males and 6 females were apprehended from the above mentioned cars.

They were identified as (1) Shiv Murat Dwivedi @ Shiva @ Rajeev @

Swamiji (2) Praveen Kumar (3) Shalini Gautam (4) Shashi Pabha (5) Raina

Singh (6) Riya Sharma (7) Seema Chakravarti, (8) Ashu Dubey.

6. In the Honda City Car no. DL-7CF-2115, Shiv Murat Dwivedi /

petitioner was along with three girls namely Shashi Prabha, Shalini Gautam

and Raina Singh, and in Honda Civic Car no. DL-4CAA-0300 Praveen

Kumar was present with girls namely Seema Chakravarty, Ashu Dubey and

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Riya Shrma. SI Sanjay Sharma, the decoy customer stated that first he went

to Honda City Car and asked for two girls from petitioner, who offered three

girls, sitting in the Car, for sexual purpose and demanded Rs.15/15 thousand

each for Shashi Prabha and Raina Singh and Rs.25,000/- for Shalini Gautam.

All the above mentioned girls offered themselves for sex and assured to

satisfy sexually.

7. The aforesaid decoy customer chose Shalini Gautam and then Shiv

Murat Dwivedi / petitioner asked him to chose a girl from Honda Civic Car

no. DL-4CAA-0300, parked nearby. Praveen Kumar was present in the car

and offered three girls namely Seema Chakravarty, Ashu Dubey and Riya

Sharma for sexual purpose and told him that to have sex with th