NISHA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an application under section 401 read with section 482 Cr PC filed by the petitioner praying for quashing the proceeding being G.R. Case No. 1966/97 under sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956 arising out of Burtolla P.S. Case No. 287 dated 20.11.97 under section 373/34 IPC pending before the Court of learned Additional Chief Metropolitan Magistrate, Calcutta.

(2.) The circumstances leading to the above application are that a case being C-286 dated 20.11.97 under section 373/34 IPC was started against Poonam Singh and Sabita Singh. On 02.04.1998 the petitioner's grandmother filed a petition for return of the petitioner to her custody, while a similar petition was filed on 06.04.98 by a voluntary organisation "Sanlaap" for custody of the petitioner, and the learned Additional Chief Metropolitan Magistrate allowed the prayer of the said voluntary organization. The petitioner's grandmother moved before this Court under section 482 Cr PC whereupon this Court transferred the case to the file of learned Chief Metropolitan Magistrate, Calcutta with a direction to ascertain from the petitioner where she likes to go followed by an order of return of the petitioner to her grandmother on bond. Charge-sheet under sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956 was submitted in G.R. Case No. 1966/97 showing the petitioner as an absconder, whereupon cognizance was taken on 13.07.99 and warrant of arrest was issued against her. Subsequently, warrant of arrest was recalled by the learned Additional Chief Metropolitan Magistrate and notice was issued to her.

(3.) It has been stated that there is no material either under section 3 or section 4 of the Immoral traffic: (Prevention) Act against the petitioner who was produced before the Court as a victim girl and subsequently has been falsely implicated in the case.