SUNIL KUMAR SINGHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Dr. P. Agarwal, learned counsel for the petitioner. Also heard Mr. C.K.S. Baruah, learned CGC for the respondents.

(2.) The present writ petition has been filed by the petitioner, who was appointed provisionally as a Constable in the Central Industrial Security Force (CISF). The said appointment was made pursuant to the selection process to which the petitioner had submitted his candidature in response to the recruitment proceedings undertaken by the CISF authorities. In connection with the provisions of the Immoral Traffic (Prevention) Act, 1956, the petitioner was arrested in relation to a case registered pursuant to an FIR being Sadar P.S. Case No. 240(10) of 2021, under Ss. 3(2)(a)(b) and 4(1) of the said Act. This information was duly disclosed by the petitioner in his application submitted before the CISF Authorities during the process of selection. Notwithstanding the petitioner was duly selected and provisionally appointed.

(3.) The petitioner approached the High Court of Meghalaya by filing a petition under Sec. 482 of Cr.PC being Criminal Petition No.7 of 2022. This petition came to be taken up for hearing along with another petition filed by another accused person being Criminal Petition No.8 of 2022. Both these matters were taken up for hearing and vide order dtd. 22/8/2022 the Criminal Petitions were allowed. The Hon'ble High Court of Meghalaya, upon consideration of the matter, concluded that the FIR lodged against the petitioner did not disclose the commission of any offence. Consequently, the FIR and all related proceedings arising out of Sadar P.S. Case No. 240(10) of 2021, registered under Ss. 3(2)(a)(b) and 4(1) of the I m m o r al Tr a ffic (Prevention) Act, 1956 , were set aside and quashed. However, the aforesaid order of the Hon'ble High Court was restricted in its application only to the petitioner before the Court.