TEENA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petitions have been filed under Sec. 482 Cr.P.C quashing of FIR No. 209 dtd. 23/12/2014 registered under Ss. 3, 4 and 5 of Immoral Traffic Act, 1956, at Police Station Shimlapuri, Ludhiana and all other consequential proceedings arising therefrom.

(2.) As per the FIR the allegations were that there is one house of Jassi Aunty in street No.3, Deep Nagar, Gill chowk, Ludhiana where prostitution is going on. On receiving the information decoy customer was sent When he gave signal, raid was conducted and present petitioners were got in objectionable position while note of Rs.500.00 was recovered from Madhu Bala-petitioner No.3 in CRM-M-35856-2017. Ultimately, charges were framed under Ss. 3, 4 and 5 of Immoral Traffic Act, 1956. Learned counsel for the petitioners has argued that there is no allegations under Ss. 3, 4 and 5 of Immoral Traffic Act, 1956 against the petitioners and with regard to said Madhu Bala, even if it is assumed that an amount of Rs.500.00 was recovered from her it does not bring her within the ambit of Ss. 3, 4 and 5 of Immoral Traffic Act, 1956 because it could might have been taken for her own service. In reply, these factual assertions have not been denied and it is mentioned that the petitioners were got in a compromising position.

(3.) Ss. 3, 4 and 5 of Immoral Traffic Act, 1956 states that the prostitution of one own's body is not a crime and there are no allegations against the petitioners to the effect that they are living on the earning of some other person's prostitution or other ingredients are attached as mentioned in Ss. 3, 4 and 5 of Immoral Traffic Act, 1956.