SUMITRA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the first Information Report, the Charge Sheet and the entire proceedings including all orders therein in connection with Digha Mohana Coastal P.S. Case No.10/19 dtd. 9/4/2019 being S.C. Case No-148 of 2019 and Charge Sheet No-22/19 dtd. 24/06/2019 under Sec. 366A/368/370/370A/372/378/120B/34 of the Indian Penal Code, Sec. 3/4/5/7/9 of the Immoral Traffic Prevention Act, 1956 and Sec. 4/8/17/21 of the POCSO Act now pending before the Learned Additional Sessions Judge, Special Court at Contai, Purba Medinipur (1st Court).

(2.) The petitioner's case is that she was not named in the F.I.R initially but subsequently after completion of Investigation the name of the petitioner has been mentioned in the charge sheet and she has been charged under Sec. 120B I.P.C. and 21 POCSO Act, 2012 and 3/5/9 of the Immoral Traffic Act.

(3.) Mr. Kamalesh Chandra Sahu, learned counsel for the petitioner has submitted that it is the settled principle of law that offence under the Immoral Trafficking Act should be investigated by the Special Police Officer after due sanction by the State Government by way of gazette notification but so far the present case is concerned the method of the investigation done by the police officer culminating into the filing of the charge sheet/final report are absolutely contrary to the present position of law and thus the police report submitted against the petitioner is liable to be quashed. It is further stated that there is no specific allegation against the petitioner in the F.I.R. and in fact the filing of the F.I.R by the police authority/opposite party no.2 is a defective one and is not permitted in law and thus the F.I.R. is liable to be quashed.