RAJ KUMAR JAJODIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred for quashing of the proceedings being Sec. '01' Manicktala P.S. Case No. 37 of 2007 dtd. 6/3/2007 under Ss. 3, 5 and 7 of the Immoral Traffic Act, and Sec. 120B of the Indian Penal Code pending in the 6th Court of Learned Judicial Magistrate at Sealdah and quashing of the charge Sheet being No. 225 of 2007 dtd. 13/11/2007.

(2.) The petitioner's case is that the instant case has been initiated on the basis of a complaint made by one Mintu De residing at Flat No. 58, Block No. 6, Bagmari Lane, Kolkata - 700056. The de facto complainant has alleged that in their locality there is a residential complex named Anandalok Housing Society, C.I.T. Road, Scheme 7M, Kolkata-54, where there is a flat belonging to Susmit Nandi on 2nd floor. In the said flat a brothel had been running regularly.

(3.) On the basis of the said complaint a proceeding was initiated against the petitioner and the other two accused persons under Sec. 3, 5, and 7 of the Immoral Traffic (Prevention) Act, 1956. It is stated that subsequently the prosecution prayed for adding Sec. 120B of the Indian Penal Code against the petitioner and the other accused persons which has been allowed. It is stated that Sec. 120B has been added in order to implicate the petitioner with the commission of the alleged offence.