MOHD. HARIS Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Aakil Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) The instant application u/s 482 Cr.P.C. has been filed seeking quashing of the entire proceeding arising out of Case Crime No.0613 of 2023, under Ss. 3/4/5/7 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as "Act"), P.S.-Vibhuti Khand, District Lucknow, including the charge sheet No. 01 of 2024, dtd. 29/4/2024, pending before Additional Chief Judicial Magistrate, Court No. 26, Lucknow.

(3.) The facts, giving rise to the present impugned proceeding, are that on 1/12/2023, the police conducted a search of a house that belonged to Ayush Kumar @ Arpit Kumar, on the information received from an informer that some of the persons were conducting prostitution. During the search, the applicant was found in an intimate position with co accused lady "S" (name changed), who was allegedly involved in prostitution in a locked room. As per the police, S.H.O. had seen the present applicant and one lady "S" in an intimate position through cracks in the door. Based on this search, an F.I.R. dtd. 1/12/2023 was registered against the accused persons, including the present applicant, as Case Crime No. 613 of 2024, under Ss. 3/4/5/7 of the Act. The police, after investigation, had also submitted a charge sheet against the applicant and five other co-accused persons, u/s 3/4/5/7 of the Act on 24/9/2024, whereupon the learned A.C.J.M. also took cognizance on 3/6/2024.