Criminal Misc. No. M- 25822 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 25822 of 2009 Date of decision:- 21.3.2011 Balbir Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioner. Mr. Raghbir Chaudhary, Sr. DAG Punjab. RITU BAHRI J.(Oral) The present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No. 68 dated 10.6.2009 under Sections 3/4/5 of the Immoral Traffic (Prevention) Act, 1956, registered at Police Station Moonak, District Sangrur. As per FIR, on the basis of a secret information that petitioner Balbir Singh son of Puran Chand, resident of Ward No.2, Moonak is running the business of immoral trafficking at his residential house. One boy and one girl also help him in this business. On conduc ting a raid and having found the offence under Section 3/4/5 of Immoral Traffic (Prevention) Act, 1956 to be made out, the present FIR in question was registered against the petitioner. Reply has been filed by the Deputy Superintendent of Police, Sunam wherein it has been stated that a raid was conducted at the house of Balbir Singh as the allegations against him was that he alongwith one unknown boy and one girl was running immoral trafficking acts and an FIR No. 68 dated Criminal Misc. No. M- 25822 of 2009 -2- 10.6.2009 under Section 3/4/5 of Immoral Traffic (Prevention) Act, 1956 was registered at Police Station Moonak. Challan was presented in the Court on 19.10.2009. After considering the challan, the Sub Divisional Judicial Magtrate, Moonak has discharged the accused by passing the following order:- “Present:- APP for the State. Accused on bail with Sh. Munish Goyal, Advocate. Heard on the preference of charge against the accused. The contention of the learned counsel for the defence is that there is no proof of evidence whatsoever against the accused for committing any offence and that the FIR has been registered merely on secret information and on doubt and no recovery has been effected by the police. Thus, the accused was liable to be discharged. Learned APP has merely denied the said allegations made by the defence. I have heard the arguments put forth by both the parties. The FIR has been registered and challan has been presented against the accused merely on alleged secret information. There is no evidence whatsoever to establish even prime facie offence against the accused for committing any offence whatsoever. Thus, no ground is made out for preferring any charge against the accused and the accused is discharged. File be consigned to record room.” In view of the above facts, no further order is required to be passed in this petition. The criminal miscellaneous petition is disposed of. March 21, 2011 ( RITU BAHRI ) Vijay Asija JUDGE