SHEFALI BANERJEE Vs. STATE

JUDGEMENT

(1.) This Revisional application is directed against an order dated January 25, 1968 passed by the Chief Presidency Magistrate, Calcutta, under Section 20 of the Suppression of Immoral Traffic in Women and Girls Act, 1956. The learned Magistrate directed the petitioner to remove herself from premises No. 59. Rafi Ahmed Kidwai Road, Calcutta and also from the area covered by Park Street police station, Calcutta.

(2.) One Narsing Narayan Singh, landlord of premises No. 59, Rafi Ahmed Kidwai Road, Calcutta, filed a petition against the present petitioner under Section 20 of the Suppression of Immoral Traffic in Women and Girls Act 1956 on the allegation that the petitioner was living a reckless life in one of the suites of that premises and that she used to earn her livelihood by selling her chastity and in the interest of the general public, she should be required to remove herself from the said premises and also for direct-ins her not to re-enter therein. The learned Magistrate served a notice to show cause upon the petitioner. The petitioner appeared and showed cause denying all the allegations. The learned Magistrate, however, found on a consideration of the materials on record that she was earning her livelihood by prostitution and that in the interest of the general public she should not be allowed to carry on prostitution in that locality and particularly in that house.

(3.) The learned Advocate for the petitioner has challenged the order on the following amongst other grounds: (a) The petition discloses offence under Sections 3 and 7 of the Immoral Traffic in Women and Girls Act, 1956 and the learned Magistrate should have taken cognisance of the offence and proceeded to trial, (b) proceeding under Section 20 of the Act is bad before prosecuting the petitioner under Sections 3 and 7 of the Act and (c) there was no material to find that the petitioner indulged in prostitution, far less prostitution in the room at No. 59, Rafi Ahmed Kidwai Road and the order therefore is illegal and void.