BHAVINKUMAR BHANUPRASAD BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER -original -accused has filed this petition with a prayer for quashing and setting aside Criminal Case No.965/08 pending before the court of learned Metropolitan Magistrate, arising out of FIR bearing C.R.No.II -3048/08. The complaint pertained to offences punishable under the Immoral Traffic (Prevention) Act, 1956 filed against the present petitioner. The sole ground on which the petitioner seeks quashing of the said criminal case is that the entire investigation was carried by the Sub -Inspector of Police, Ramol, who also filed the chargesheet on completion of such investigation whereas the provisions of Immoral Traffic (Prevention) Act, 1956 and in particular, section 13 thereof, requires that such investigation should be carried out by a special officer not below the rank of a Police Inspector.

(2.) INSOFAR as the factual aspects are concerned, there is no dispute. For the offence punishable under the Immoral Traffic (Prevention) Act, 1956 , investigation has been carried out by a Sub Inspector. Section 13(1) refers to appointment of special officers by the Government for dealing with the offences under the said Act. Sub -section (2) of section 13 provides that special officer shall not be below the rank of Inspector of Police. The contention of the petitioner therefore is that the entire investigation has been carried out unauthorizedly. Chargesheet presented pursuant to such unauthorized investigation would be vitiated. Heavy reliance is placed on a decision of learned Single Judge in the case of Anuben W/o. Rajsinh v. State of Gujarat, dated 30th April 2008 in Criminal Misc. Application No.3949 of 2008. In such judgment, the court under similar circumstances, quashed the proceedings making following observations:

(3.) FOR the foregoing reasons, the application partly succeeds and is accordingly allowed to that extent. The chargesheet filed in connection with the first information report bearing I C.R. No.3014/2008 registered with Navrangpura Police Station, Ahmedabad as well as Criminal Case No.819 of 2008 registered pursuant thereof, which is pending before the learned Metropolitan Magistrate, Court No.13, Ahmedabad, are hereby quashed. Rule is made absolute to the aforesaid extent. Direct service is permitted.