MAMTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this case, the petitioner has prayed for quashing of the FIR lodged by the respondent no.3 on 4/6/2022, registered as case crime no. 0152 of 2022, under Ss. 3,4,5,6,7 and 8 of the Immoral Traffic (Prevention) Act, 1956, Police Statioon Kotwali Kotdwar, District Pauri Garhwal.

(3.) It is mainly on the ground that the raid has been conducted by the lady Sub Inspector of Kotwali Kotdwar and that no prima facie case is made out against the petitioner. However, the non-compliance of provision of Sec. 13 of the Immoral Traffic (Prevention) Act, 1956 is the curable defect and it can be cured at a later stage. As far as making out a prima facie case is concerned, the learned Assistant Government Advocate Ms. Rana would submit that she has received instructions from the Investigating Officer that three different girls have stated before the Police as well as before the Magistrate recorded under Ss. 161 and 164 of the Code, that the petitioner was utilizing those girls for illicit and immoral trafficking. After investigating the matter, a prima facie case is made out against the writ applicant and the defects can be cured.