NIRAV PRATAPBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. K. B. Anandjiwala for the applicant and learned APP Ms. Jirga Jhaveri for the respondent State. Perused the record of revision application as well as police papers.

(2.) PETITIONER herein is original accused before the learned 2nd Additional Sessions Judge, Kachch @ Bhuj in Sessions Case No. 71 of 2012, wherein prosecution has leveled the charges against the petitioner under Section 14(B) and (C) of the Foreigners Act, 1946 read with Section 3 of the Indian Passport Act, 1920 and Rule 3 of the Passport (Entry to India) Rules, 1950 as well as Section 4(1), 5(1)(a)(d) of the Immoral Traffic (Prevention) Act, 1956, pursuant to FIR registered with Bhuj Taluka Police Station being II C. R. No. 3014 of 2012 dated 13.01.2012, then charge sheet was filed against the petitioner as well as against one Jyoti @ Mira Mohanbhai Raval and disclosing as many as 4 accused contending that they could not be traced in absence of their address and further details even after investigation.

(3.) AFTER investigation, when charge sheet was submitted before the Sessions Court, the present petitioner has on 20.11.2012 filed an application under Section 227 of the Code of Criminal Procedure to discharge him from the charges leveled against him on several grounds, most of them are on legal issues that there cannot be charges as alleged in the charge sheet against him.