LATA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Manu Khare for the applicant and the learned AGA for Respondent No. 1 and perused the record.

(2.) This is a petition under Section 482 of the Code of Criminal Procedure (in short 'the Code') for quashing the charge sheet filed in Case Crime No. 206 of 2010 under Sections 3/4/5/6 of the Immoral Traffic (Prevention) Act, 1956 (in short 'the ITP Act'), P.S. Sadar Bazar, District Meerut as well as the order dated 11.6.2010 whereby the learned Special Chief Judicial Magistrate, Meerut took cognizance of the offences.

(3.) Mr. Manu Khare submitted that the FIR lodged by Smt. Atul Sharma, Secretary, Sankalp (a social organization) was not maintainable in view of the fact that only the Special Police Officer had the power to deal with the matter under the Act and it was the Special Police Officer, who could lodge the FIR, therefore, the FIR lodged by a private person was not maintainable and as such the entire investigation undertaken in pursuance of that FIR was a futile exercise, therefore, the charge sheet as well as the proceeding of the criminal case initiated in pursuance of the charge sheet are liable to be quashed.