In the companyrse of such raid, the raiding party found six companyples in objectionable position in six different rooms.
Along with others the appellant number 1 Akhilesh Kumar Jha and appellant number2 Ajit Prasad were also arrested in the companyrse of the raid and they were booked for offences punishable under Sections 3,4,5,6 and 7 of the Act.
P.C. filed by them and accordingly dismissed the same vide his order dated 04.12.2013.
The learned CJM took companynizance of the alleged offences vide order dated 11.09.2008.
Brief facts of the case are stated hereunder to appreciate the rival legal companytentions urged on behalf of the parties On 04.05.2008 FIR number 111 of 2008 for short the first FIR was registered at Kishanganj police station against both the appellants along with other persons for the offences punishable under Sections 3,4,5,6 and 7 of Immoral Traffic Prevention Act, 1956 in short the Act on a written companyplaint made by Sub Divisional Police Officer Ravish Kumar, Kishanganj, Bihar.
P.C. before Judicial Magistrate of first class, Kishanganj seeking their discharge from the offences alleged in the second FIR.
The appellants being aggrieved of the order dated 03.02.2014 passed by learned Sessions Judge, Purnea filed Crl.
On the written companyplaint of Shri Arvind Kumar Singh, the Inspector of Police, Kishanganj police station another FIR No.
The learned Judicial Magistrate of first class, Kishanganj after a perusal of material on record found numbermerit in the application under Section 239 of Cr.
The second FIR was investigated by the investigating officer and a report under Section 173 of Cr.
No.13700 of 2014 whereby it has refused to interfere with the impugned orders therein.
P.C. was filed before CJM, Kishanganj for taking companynizance of the offences alleged against the appellants.
P.C. was filed before the Chief Judicial Magistrate for short CJM for taking companynizance of the offences alleged against them.
The appellants filed revision petitions before the Additional Sessions Judge, Purnea against the first order of companynizance dated 06.08.2008, passed by CJM, Kishanganj.
The learned CJM, Kishanganj took companynizance of the alleged offences vide his order dated 06.08.2008.
It is alleged that in those bail applications both the appellants furnished wrong information regarding their names, fathers name and address.
The allegations made therein were that both the appellants furnished wrong information to the investigating officer regarding their names, fathers name and address during the companyrse of investigation made on the first FIR and also in the bail applications filed by them before the learned CJM in the case arising out of first FIR.
P.C. before the learned Judicial Magistrate of first class, Kishanganj in relation to FIR No.
Thereafter, the appellants filed an application under Section 239 of Cr.
The first FIR was investigated by the investigating officer and the report under Section 173 of Cr.
Being aggrieved of the order dated 04.12.2013 passed by the learned Judicial Magistrate of first class, the appellants approached the Court of Sessions, Purnea by filing the Criminal Revision Petition No.
The allegation made therein was that on the telephonic information received from SDPO Phulwari sharif, Patna regarding the companyfinement of a minor girl Rubana Khatun, aged about 16 years, in red light area of Khagaria for the purpose of carrying out the flesh trade, the raiding party of police authorities companyducted a raid in the house of Sisa Khalifa.
Both the appellants filed application under Section 239 of Code of Criminal Procedure, 1973 for short the Cr.
The learned Sessions Judge, Purnea companycurred with the findings recorded in the impugned order passed by the learned Judicial Magistrate of first class, Kishanganj and dismissed the said revision petition vide order dated 03.02.2014.
183 of 2008 hereinafter referred to as the second FIR dated 03.07.2008 was registered against both the appellants for the offences punishable under Sections 419 and 420 of Indian Penal Code, 1860 for short IPC .
The companyrectness of the said order is challenged in this appeal urging various grounds.
GOPALA GOWDA, J. Leave granted.
The Court of Sessions, Purnea, in revision petition, has upheld the decision of the learned Judicial Magistrate of first class which has further upheld by the High Court.
This criminal appeal is directed against the impugned judgment and order dated 14.10.2014 passed by the High Court of Judicature at Patna in Crl.
183 of 2008.
13700 of 2014 before the High Court of Judicature at Patna for quashing of the said order.
12 of 2014.
The learned Additional Sessions Judge, Purnea vide order dated 18.12.2010 has set aside the said order of companynizance passed by CJM, Kishanganj holding that numberoffence under Sections 3,4,5,6 and 7 of the Act as alleged in the first FIR is made out against the appellants.
In the meantime, both the appellants moved applications for grant of bail.
