High CourtsSingle Bench(2018) 01 UK CK 0027

Anil Nankani vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 4 January 2018

HON’BLE JUDGES
Sudhanshu Dhulia
RESULT
Dismissed
CASE NUMBER
10 of 2018

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Judgment

16 paragraphs · 306 words
1.

Mr. Vaibhav Singh Chauhan, Advocate, present for the applicant.

2.

Ms. Mamta Joshi, Brief Holder, present for the State.

3.

The first information report has been lodged by respondent No.2 against certain persons, which has been registered as Case Crime No.590 of

2017 under Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, at Police Station Kotwali Nagar Haridwar, District Haridwar.

However, the name of the present applicant has come up during the course of investigation. Subsequently, after investigation, police submitted the

charge sheet against the present applicant. Consequently, the learned Magistrate took cognizance in the matter and issued summons against the

present applicant. Hence, the applicant has filed the present application under Section 482 Cr.P.C., invoking the inherent jurisdiction of this Court.

4.

The case of the present applicant before this Court is that though he is the owner of the premises where immoral trafficking is alleged to have

been occurred but he is not an accused in this case as he has given the said premises on lease to one Ramesh. Moreover, the role assigned to the

applicant is of conspiracy. Learned counsel for the applicant submits that the applicant is not keeping well as he is mostly suffering from illness and

the allegation made against him are totally baseless. He further submits that there is no evidence against the applicant.

5.

However, considering the overall facts and circumstances of the case and the fact that charge-sheet has been filed in the matter, no interference

is being called for by this Court in the matter at this stage.

6.

The application filed under Section 482 of CrPC stands dismissed.

7.

However, it is made clear that as and when the applicant moves an application for his discharge, the same shall be considered by the court

below in accordance with law.