PRATEEK SOOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal writ petition has been filed on behalf of the petitioners seeking quashing of FIR No. 547/2017 registered at Police Station Vaishali Nagar, District Jaipur and all consequential proceedings arising out of it including order taking cognizance dtd. 4/10/2017 passed by learned Additional Civil Judge cum Metropolitan Magistrate No. 14, Jaipur Metropolitan in Criminal Case No. 670/17.

(2.) Learned counsel for the petitioners submits that the impugned FIR has been filed with malice and ulterior motive. It is contended that relations between petitioner No. 1 and respondent No. 2 are not cordial and in order to settle personal score, impugned FIR has been lodged, wherein, false and frivolous allegations have been levelled just to humiliate and harass petitioner No. 1 and his relatives. Counsel submits that entire proceedings initiated by police is illegal as same is in violation of mandatory Sec. 13, 14 and 15 of The Immoral Traffic (Prevention) Act, 1956 (in short 'PITA'). It is also contented by learned counsel for the petitioners that after filing charge-sheet in the matter, learned trial court vide order dtd. 4/10/2017 took cognizance for the offences punishable under Ss. 3, 4, 5, 6 & 7 of the PITA Act. A bare perusal whereof clearly reveals that the learned trial court in a quite mechanical manner and without application of mind, by merely filling the blanks in a stereo typed format, has passed the order taking cognizance. He further submits that the order dtd. 4/10/2017 shows that the learned trial court has not applied its mind while taking cognizance and has just fulfilled empty formalities. He thus, prays that the impugned FIR and all other consequential proceedings including the order taking cognizance dtd. 4/10/2017 may be quashed.

(3.) Per contra, learned Public Prosecutor vehemently opposes the submissions of the petitioner's counsel. He, however, does not dispute the fact that the order taking cognizance dtd. 4/10/2017 is a typed format with blanks and while filling up these blank, the same has been passed.