LAWS(MEGH)-2022-11-18

SOMNATH BARUA Vs. STATE OF MEGHALAYA

Decided On November 15, 2022
Somnath Barua Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) On 18/10/2021, a complaint was lodged by one Women Police Sub-Inspector WP/SI K.R. Marak before the Officer-in-Charge, Sadar Police Station, Shillong to the effect that on the same day, at about 6:30 pm two police personnel in plain clothes UBC 2706 M.D. Kharkongor and UBC 2736 Y. Raliang while performing their duties at Jail Road and Police Bazar area spotted one girl and two males talking near Vishal Mega Mart after which one of them went with the girl to the compound behind J.K. International Hotel which is suspected to be an area where brothels and places for soliciting sex workers for prostitution takes place. The said police personnel then followed the girl and her companion and saw them entered a room. Later, a search was conducted and the said girl was found to be in the company of Rami Sinha and Sunil Kr. Singha.

(2.) Accordingly, on receipt of the said complaint, a case was registered being Shillong Sadar P.S. Case No 240 (10) 2021 under Ss. 3(2)(a)(b)/4(1) of the Immoral Traffic (Prevention) Act, 1956 and initially four persons were arrested in connection with the said case, including the petitioner herein.

(3.) The petitioner has approached this Court with this application under Sec. 482 Cr.P.C seeking exercise of the inherent power to set aside the FIR dtd. 18/10/2021 and the subsequent proceedings in Shillong Sadar P.S. Case No. 240 (10) 2021 under Ss. 3(2)(a)(b)/4(1) of the Immoral Traffic (Prevention) Act, 1956.