ATULBHAI PARSHOTTAMBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed praying to quash and set aside the impugned orders dtd. 15/2/2017 vide Exh.6 in Criminal Case No.1200524 of 2014 passed by the Additional Chief Metropolitan Magistrate, Court No.13, Ahmedabad as well as the order dtd. 7/4/2018 passed in Criminal Revision Application No.77 of 2017 passed by the learned Additional Sessions Judge, Court No.12, City Civil and Sessions Court, Ahmedabad and further be pleased to discharge the petitioner in connection with the proceedings in Criminal Case No.1200524 of 2014 pending before the learned Additional Chief Metropolitan Magistrate, Court No.12, Ahmedabad.

(2.) The brief facts leading to filing of this petition are as such that the petitioner is the original accused no.4 implicated in FIR being C.R.No.II-3120 of 2014 registered with Gayekwad Haveli Police Station, Ahmedabad for the offences punishable under Ss. 3, 45 and 6 of the Immoral Traffic (Prevention) Act alleging that, on receipt of message, the complainant along with his team and panchas reached at the the place and found that there were four women and one male member, who revealed the identity in presence of panchas. That, one of the accused namely Banuben confessed that three other women including herself were indulged in illegal activities of prostitution. Therefore, the complaint was filed against four accused including the present petitioner.

(3.) Pursuant to the complaint, investigation was carried out and chargesheet was also filed. Therefore, the present petitioner preferred application for discharge under Sec. 239 of the Code of Criminal Procedure, which was rejected and the revision application filed was also rejected.