SIBA CHARAN PATRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Lagnajit Pattnaik, learned counsel for the petitioner and Mr. Prem Kumar Patnaik, learned counsel for the State.

(2.) In this application under section 482 Crimial P.C. 1973 the petitioner Siba Charan Patri has challenged the impugned order dated 01.11.2004 passed by the learned S.D.J.M., Kendrapara in G.R. Case No. 301 of 2004 in taking cognizance of the offences under sections 3/5/7 of the Immoral Traffic (Prevention) Act, 1956 (hereafter '1956 Act') and issuance of process against him which arises out of Kendrapara P.S. Case No. 152 of 2004.

(3.) The first information report was lodged by one Ramesh Chandra Padhi, S.I. of Police, Kendrapara police station stating therein that after receiving reliable information on 07.05.2004 about sexual exploitation and prostitution being carried out in Tulsi Lodge, Kendrapara, he along with other police officials proceeded to the lodge along with two witnesses of the locality. The petitioner who was the owner of Tulsi Lodge was present at the gate of the lodge and he was asked to open the doors of the rooms in order to facilitate the raid and accordingly, the petitioner opened the room. The informant found a man and woman in each of the four rooms in objectionable positions and it was ascertained that one Shyamsundar Das who is a rickshaw puller used to carry the customers to the lodge on the direction of the petitioner. Since no satisfactory explanation could be given by the inmates of the lodge for such objectionable positions in the lodging and being satisfied that the petitioner is being paid cash by the customers for such sexual act in the lodging located in the public place, the F.I.R. was lodged.