Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 1240 Gua

                                                               Page No.# 1/3

GAHC010284142019




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : Crl.Pet./1379/2019

         OM SINGH AND 2 ORS.
         S/O LATE NARAYAN SINGH, P/R/O VILL-SRIMANPUR, P.S.-SRIMANPUR,
         DIST-SIKAR, RAJASTHAN, CURRENT ADD-POONAM HOTEL, LAHORIJAN,
         P.S.-KHATKHATI, DIST-KARBI ANGLONG, ASSAM, PIN-782480

         2: AJIT SINGH
          S/O LATE RASHAH SINGH
          P/R/O VILL-ALWAR
         WARD NO. 29
          P.S.-ALWAR
          RAJASTHAN
          CURRENT ADD-DIMADI DHARSIRI
          P.S.-DIPHU
          DIST-KARBI ANGLONG
         ASSAM
          PIN-782460

         3: SUDHAN SINGH
          S/O LATE SAMBHU DAS
          P/R/O VILL-KOLAIGAON
          P.S.-KOLAIGAON
          DIST-UDALGURI (BTAD)
         ASSAM
          PIN-78452

         VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

         2:CHITRA BORUAH
          S/O SRI MANU BORUAH
          R/O HATIGARH
          P.S.-BOKAJAN
                                                                        Page No.# 2/3

             P.O.-TALUK
             DIST-KARBI ANGLONG
             ASSAM
             PIN-78248

Advocate for the Petitioner   : MR. P K MUNIR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

06.04.2022

Heard Mr. P.K. Munir, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor, Assam appearing for the State respondent.

By this petition u/s 482 Cr.P.C. read with Article 226 of the Constitution of India, the petitioners have prayed for setting aside/quashing the FIR being registered as Khatkhati P.S. Case No. 118/2019 (G.R. Case No. 788/2019) u/s 294 of the IPC read with Sections 3 /4 of the Immoral Traffic (Prevention) Act, 1956 as well as the charge-sheet No. 80/2019, dated 30.09.2019.

Mr. Munir has relied on the following judgments- i) Prabhu Dayal Deorah Vs. The District Magistrate, Kamrup and others ., reported in (1974) 1 SCC 103 ii) Delhi Administration Vs. Ram Singh, reported in AIR 1962 Supreme Court 63 and iii) Joseph Vs. Sub Inspector of Police, reported in (2003) 3 KLT 718.

Mr. Munir relying on the above judgments and Section 13 of the Immoral Traffic (Prevention) Act, 1956 emphatically submits that the case itself is bad for want of jurisdiction of the investigating officer, who was of the rank of Sub-

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Inspector of Police instead of Inspector of Police as specified in the aforesaid Section of the Immoral Traffic (Prevention) Act, 1956.

This petition is admitted.

Call for a scanned copy of the record along with the case diary.

As Mr. D. Das, learned Additional Public Prosecutor has accepted notice on behalf of the State/respondent No. 1, no further notice needs to be issued to him. However, an extra copy of the petition along with the documents annexed thereto, be furnished to him during the course of the day.

Issue notice to the respondent No. 2 through the O/C of Bokajan P.S.

List after 4 (four) weeks.

In the meantime, it is provided that till the returnable date, further proceedings of G.R. Case No. 788/2019 arising out of the FIR being registered as Khatkhati P.S. Case No. 118/2019 u/s 294 of the IPC read with Sections 3 /4 of the Immoral Traffic (Prevention) Act, 1956 shall remain stayed.

JUDGE

Comparing Assistant