UMEDSINH P CHAMPAWAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this petition under Section 482 of CrPC, the petitioner accused has prayed for quashing the FIR filed and chargesheet submitted in connection with the offences, registered on 16.02.2003 by DCB Police Station being II.CR No.3003/ 2003 punishable under Sections 3, 4, 5, 7 and 9 of the Immoral Traffic (Prevention) Act, 1956 known as The Suppression of Immoral Traffic in Women & Girls Act, 1956 (hereinafter referred to as the Act), It is submitted that the petitioner is totally innocent and is not involved in any of the offences alleged against him in the FIR or the chargesheet directly or indirectly and he is being wrongly prosecuted for the said offences which can be termed as the "offence against society". The petitioner is prosecuted and chargesheeted as the owner of one hotel in the area near Airport of City of Ahmedabad known as Hotel Taj Residency Umed.

(2.) Ld. counsel Mr. Anandjiwala appearing for the petitioner has taken this Court through the averments made in the petition and the cause for which the petitioner has been named as an accused in the chargesheet filed by the police. Of course, the FIR as well as the chargesheet have been assailed on various grounds mentioned in the memo of the petition, but ld. Counsel Mr. Anandjiwala has concentrated his arguments substantially on two main grounds, viz;

(3.) To appreciate the say and submissions of ld. counsel Mr. Anandjiwala for the petitioner, it would be beneficial to narrate in brief the case of the prosecution.