(1.) This petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14.10.2000 passed by the learned Additional Chief Metropolitan Magistrate (for short ACMM), Delhi taking cognisance of offences emanating from FIR No. 445/2000 under Sections 3,4,5 & 8 of the Immoral Traffic (Prevention) Act, P.S. Rajouri Garden, New Delhi.
(2.) The facts as found by the learned ACMM are as under:-
(3.) The learned ACMM after perusing the relevant record came to the conclusion that no doubt, signatures of the decoy customer does not appear on these documents. However, signatures of P.K. Ajay very much exist on fad haulage note memo dated 29.4.2000 on which signatures of Sub Inspector Ritu Raj, Sub Inspector Satish Kumar and Inspector Parvati Kujur also exist. He stated that just because signatures of decoy customer does not exist on seizure memo, no adverse inference can be drawn against the prosecution case at this stage as these matters of minute details are not be attached much significance at this stage. This order is under challenge.