SHUBHASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal miscellaneous petition under Sec. 482 of the CrPC, challenge is made to the order dtd. 30/3/2011, whereby the learned Chief Judicial Magistrate, Metrocity Jodhpur directed to frame the charges against the petitioner under Sec. 3, 4 and 8 of the Immoral Traffic (Prevention) Act, 1956. A revision was preferred bearing Criminal Revision No.35/2011, wherein the learned Court of revision held that sufficient material was not there to charge the petitioner for the offence under Sec. 3 and 8 of the Act of 1956. However, she affirmed the charge under Sec. 4 of the Act of 1956 to proceed against the petitioner.

(2.) Heard learned counsel for the parties and perused the material placed on the record.

(3.) Sec. 4 of the Act of 1956 makes a provision for punishment to a person living on the earnings of prostitution and as per which, any person over the age of 18 years, if knowingly lives, wholly or in part, on the earnings of the prostitution, he shall be punished. Even if the allegations as levelled in the complaint and the other material are taken on its face value or even if the evidence is not rebutted, nowhere it is alleged that the petitioner was the person, who was living on the earnings of prostitution. Since the ingredients, which are essential to constitute the charge are not available, therefore, he cannot be forced to face the rigour of trial.