Manoj S/O Arjun Ghanshani vs State Of Mah. Thr. Its Station Incharge ...
2025 Latest Caselaw 6361 Bom

Bombay High Court

Manoj S/O Arjun Ghanshani vs State Of Mah. Thr. Its Station Incharge ... on 1 October, 2025

2025:BHC-NAG:10098-DB




              Judgment

                                                                 485 apl568.23

                                            1

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          NAGPUR BENCH, NAGPUR

                   CRIMINAL APPLICATION (APL) NO.568 OF 2023

              Manoj s/o Arjun Ghanshani,
              aged 32 years, occupation: business,
              r/o block No.49B,
              Jaripatka Barakholi, Nagpur.     ..... Applicant

                                   :: V E R S U S ::

              State of Maharashtra, through
              its Station Incharge, Police Station, Sadar,
              Nagpur.                       ..... Non-applicant

              Shri Amit Bhate, Counsel for the Applicant.
              Mrs.H.N.Prabhu, Additional Public Prosecutor for the State.

              CORAM : URMILA JOSHI-PHALKE &
                      NANDESH S.DESHPANDE, JJ.

              CLOSED ON : 24/09/2025
              PRONOUNCED ON : 01/10/2025

              JUDGMENT ( Per : Urmila Joshi-Phalke)

1. Heard learned counsel Shri Amit Bhate for the

applicant and learned Additional Public Prosecutor

Mrs.H.N.Prabhu for the State. Admit. Heard finally by

consent.

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485 apl568.23

2. The present application is preferred by the

applicant for quashing FIR in connection with Crime

No.379/2022 registered under Sections 420, 467, 468,

471, and 370 read with 34 of the IPC and under Sections

4 and 5 of the Immoral Traffic (Prevention) Act, 1956 and

consequent proceeding arising out of the same i.e.

Sessions Case No.771/2022 pending before learned

Sessions Court, Nagpur against the applicant.

3. The applicant is arrayed as an accused in

connection with the above said crime on the basis of

report lodged by Assistant Police Inspector Shri Santosh

Pandurang Jadhav on allegation that on 16.9.2022, when

he was present in the police station, he received a secret

information that in hotel "Tuli International" foreign

citizens are brought for the purpose of prostitution and,

therefore, in presence of panchas and other raiding party

members, he conducted a raid. On conducting the raid,

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485 apl568.23

two women from country Uzbekistan were found. They

disclosed their names and also produced their Identity

Cards, from which it revealed that Identity Cards i.e.

Election and Aadhar Cards were forged one. During

enquiry with them, it revealed that the applicant has

provided them Election as well as the Aadhar Cards.

Their statements were recorded. On the basis of the said

report, the police registered the crime against the

applicant.

4. Learned counsel for the applicant submitted

that as far as immoral trafficking is concerned, there is no

allegation against the applicant that he has brought these

women for prostitution. On the contrary, statements of

these women show that they themselves came in India

and indulged in the said prostitution work and, therefore,

no prima facie case is made out against the applicant. He

further submitted that as far as preparing of forged

.....4/-

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485 apl568.23

documents is concerned, there is no prima facie material

against the applicant to show that he is indulged in

preparing the said forged documents. He invited our

attention towards Section 370 of the said Act which deals

with trafficking of persons and submitted that none of

ingredients are attracted as far as the offence under the

said Section is concerned and, therefore, the FIR lodged

against the applicant deserves to be quashed.

5. Per contra, learned Additional Public

Prosecutor for the State strongly opposed the application

and submitted that perusal of the material collected by

the investigating agency shows that the investigating

agency recorded statements of two foreign women who

were engaged in sex trade. The mobile phone of the

applicant was seized wherein mobile numbers of various

customers, women, and girls were found. It also revealed

during the investigation that the applicant has received

.....5/-

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485 apl568.23

commission from customers and paid amounts to foreign

women as per mobile Banking-App, Google-Pay, Phone-

Pay, and Pay-Tm. During the investigation, it further

revealed that co-accused is resident of Uzbekistan and his

fake Voter ID/Aadhar Card were prepared and, therefore,

the offences under Sections 420, 468, and 471 of the IPC

are also applicable. Thus, there is a prima facie material

to connect the applicant with the alleged offence.

6. Having heard both the sides and perused

investigation papers, it revealed from statements of two

women that it was the applicant who has booked tickets

for them by using Application "Make-My-Trip" . He has

arranged for them stay in Hotel "Tuli International". He

has also provided them Election and Aadhar Cards. They

have not informed that they are not citizens of India, but

they are from country Uzbekistan. During investigating, it

further revealed that the applicant has received

.....6/-

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485 apl568.23

commission by engaging them with various customers for

prostitution work. It further revealed during the

investigating, on verification of the mobile phone, that

they have communication with each other by way of

chatting. Various photographs of foreign girls were also

found in his mobile phone. He has received commission

through the Mobile Banking App and he has also paid

commission to various persons i.e. various agents by way

of Mobile Banking App.

7. Thus, the investigation papers sufficiently show

that the applicant is engaged in prostitution work

bringing foreign nationals in India providing them forged

ID Cards and engaging them in activities like sexual trade.

8. Section 370 of the Immoral Traffic

(Prevention) Act, states that whoever, for the purpose of

exploitation recruits, transports, harbours, transfers, or

.....7/-

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485 apl568.23

receives, a person or persons, by using threats, or using

force, or any other form of coercion, or by abduction, or

by practising fraud, or deception, or by abuse of power, or

by inducement, including the giving or receiving of

payments or benefits, in order to achieve the consent of

any person having control over the person recruited,

transported, harboured, transferred or received, commits

the offence of trafficking.

Explanation-2 of the said Section shows that

consent of the victim is immaterial in determination of the

offence of trafficking.

Sub section (2) of the said Section states that

whoever commits the offence of trafficking shall be

punished with rigorous imprisonment for a term which

shall not be less than seven years, but which may extend

to ten years, and shall also be liable to fine.

.....8/-

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485 apl568.23

9. Admittedly, two women found in hotel "Tuli

International" were brought in Nagpur on the basis of the

forged identity by providing them certain identity cards.

As per statements of these women, said Identity Cards

were provided to them by the applicant. Admittedly, they

are not Indian citizens. The statements recorded by the

investigating agency sufficiently show that arragnement

to bring them was done by the applicant.

10. At this stage, it would be difficult to decide

whether documents are forged or not, but fact, that such

documents have been found with these two women and

as per their statements, the said were provided to them by

the applicant, cannot be ignored.

11. The investigating papers show that there is

doubt regarding genuineness of Aadhar Cards and other

.....9/-

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485 apl568.23

documents. The investigation was carried out and it

revealed that these documents are forged documents.

12. These two women are brought and staying at

Nagpur without permission or without having with them

Visa to stay here. It is about making and using fake and

forged identity documents like Aadhar and Election Cards

with an aim pretending to be Indian citizens.

13. Thus, prima facie material on record is

sufficient, at this stage, to connect the applicant with the

alleged offence.

14. At this stage, a reference can be taken from the

decision of the Hon'ble Apex Court in the case of State of

Haryana and ors vs. Bhajan Lal and ors, reported in

1992 Suppl.(1) SCC 335 wherein it is observed that

powers under Section 482 can be exercised in following

circumstances:

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485 apl568.23

"(i) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;

           (c)     where     the        uncontroverted
           allegations     made    in    the    FIR     or

'complaint and the evidence collected in support of the same do not disclose

.....11/-

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485 apl568.23

the commission of any offence and make out a case against the accused;

(d) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;

(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is

.....12/-

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485 apl568.23

instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; and

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge".

15. In the light of the above guidelines issued by

the Hon'ble Apex Court, in the present case, prima facie

material on record is sufficient to show that the

applicant is involved in the work of prostitution and he

is getting benefit from the said work and, therefore, the

application deserves to be rejected.

.....13/-

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485 apl568.23

16. In this view of the matter, the application

stands rejected and disposed of accordingly.

(NANDESH S.DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.)

!! BrWankhede, PS !!

Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge ...../- Date: 03/10/2025 11:41:07