The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing ttre arguments of Sri RAVI pULl, Advocate for the Petitioner and the SRI VEERAMALLA JITHENDER RAO Additional Public Prosecutor on behalf of the Respondent No. 1 & 2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JIIYVADI SRIDEVI CRIMINAL PETITION No.391 of 2025 ORDER This Oriminal Petition is filed by petitioner/ ac,:used No.2 seeking to quash the proceedings against him in Crime No.949 of 2024 pending on the file of Police Station KPHB Colony, Cyberabad, ::egistered for the offences punishable under Sections 143, 144 of )3haratiya Nyaya Sanhilha, 2023 (for short tsNS) ald Sections 3, 4 and 5 ol thc Immoral Traffic (Prevention) Act, 1956 (for short 'the Act').

02. Heard Sri Ravi })uli, learned counsel for petitioner and Sri Jithr:nder Rao Veeramalla, learned Additionai Public Prosecutor for respondent No.1 State and perused the record.

03. Ihe case of the prosecution is that the Police, KPHB Police fitation received crcdiblc information about running prostitution at MIG 9O2, near brand factory, KPHB Colony and raided the s;aid house and lound that petitioner/ accused No.2 along with other accused ucrc present there and petitioner- accused No.i2 is the custome r o[ the said brothel house.

04. Ihe police arrestcd A I lor running prostitution at MIG 902, neeLr brald factorv, I(PHB Colony and A2 was served with section 4 1-A Cr.P.C. notice. ' ! t I I I I I t I ! t t j ! i i I ! ; ! I I I I I I I I ! I 2

05. Learned counsel appearing for the petitioner/A2 would submit that even according to the police, the petitioner was a customer, as such, provisions under Sections 3 to 5 of the Act of 1956 are not attracted.

06. On the other hand, learned Additional Public Prosecutor submits that in view of the judgment of this Court in S.Naaeen Kumar @ Naaeen u, State of Telanganc 1 and also the judgment of this Court in Criminal Petition No.58O3 of 2018, dated 27 .06 .2O IB , the offcnce under Section 143 of BNS (previously 370-A of IPC) is attracted. However, learned Additional Public Prosecutor fairly conceded that the provisions of Sections 3 to 5 of the Act of 1956 are not attracted as far as customer is concerned.

07. In the cases cited by the learned Additional Public Prosecutor, the customers were found in a room along with sex workers. In the present case, one customer was found in the premises. Though there is a mention that the alleged sex worker was present with the customer, however, the name of the , petitioner is not mentioned to have been found atrong with the said sex worker 'zors(z) aLo (ca.)rso 3 //

08. .'n view of the above facts and circumstances of the case, it is rele'vant to extract the provision under Ser:tion 143 of BNS (previouLsly 37O of IPC):

4143. Traflicking of a Person: (1)Whoever, for the purp(lse of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a perscn or person s, by- Firsthl- using threats, or Secondl using force, or any other form of coerr:ion, by abduction, or by practising lraud, or deception, or Thirdil FourtlT Fifth!;S- by abuse of power, or SixtWV- by inducement, includ ing the giving or receirri:eg of payments or benefits, in order to a<:hieve the consent of any person having control over the person recruited, transported, harboured, transrtrred pression'exploitation" shall or received, commits the offence of traflicking. Elplanatlen I- The ex inclurlt: any act of physical exploitation or an1' lorm of sexual exploitation, slavery or pracriccs similar to slaverl, servitude, or the forced rcmovarl of organs. Explantation 2- The consent ol thc victinr is imma.tr:rial in determination o[ the offence ol traffick.ing. (p[Whroever commits the offence of trafficking shrrll be punisrhed with rigorous imprisonment [or:L term rvhich shall not be Iess than seven years, but u,hich may extend to ten years, and shall also be liable to fine , l9,fWh ere the offence involves the trafficking o[ more lhan o 1e person, it shall be punishzrble ,,r.irh rigrrrous 4 lmprlsonment for a term which shall not be less than ten years but which may extend to lmpnsonment for Iife, and shall also be liable to fine. (![Vl'here the offence involve" rhF r r- rr:^r -.:_ _ . it sha, be punishabre ;ff :,[.:T:'il::J#ffi a term which shall no :iT ':: vears, but which may extend ro ,jj"]:: nprlsonment for life, and shall also be liable to fine. [$,fWhere rhe offence in than one minor, it .nuiuo'ut" the trafhcking of more imprisonment ro. .,.,.,.' jn,il::Itj:, ;ff:T; fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. fQIf a person is convicred of the offence of trafficking of minor on more than ont such person shalr be punished *,,n ,.li-l]l: i:: rmprrsonment for life, which shall mean imprison men t for the remainder of that person's natural lifc, and shall also be liabte to frne. l![nlhen a public servant or a police officer is involved in the trafllcking of an1. person then, such public servant or police ofticer shall be punished with rmpnsonment for life, which shall mean imprisonrnent for the remainder of that person's natural life, and shall also be liable to fine.,, 09. Section 144 of BNS (previously 370(A) of IpC reads as under: tationof a trafi cked oerson: l!,fWhoever, knowingly or having reason to believe that a minor has bcen trafficked, engages such minor for sexual exploitation in anv manner, shall be punished ,, i I I i I i i 5 wlth r:ii3orous imprisonment for a term which shall not . be less than ltve years, but which may extend to seven years, and shall atso be liable to fine. (Q.filtloever, knowingly by or having reason to believe that a oerson has been trafficked, engages such person for sexual exploitation in any manner, shall be punis;h.ed with rigorous imprisonment for a term "r'hich shall rrot be less than three years, but which may extend to five years, and shall also be liable to fin':

10. ,\s per Sections 143 and 144 of BNS iPreviously 370 and 370(A) of IPC), any person by using threat rr force or any form of coercion or abduction by practicinq fraud or deception or by abusing of power or by inducing o:rn only be termed as ia 'trafficked person'. In the present 'lase, even according to the contents of FIR, victim stated tha t she was doing prostitr- tion for the sake of money. 1 1. Now coming to Sections 3, 4 and 5 o[ t]re Acl, the provisions irr Cetail are extracted below:

3. Punishmcnt for kee oino a brothel or allouino es to be used as q brothel. lf.lAny person who keeps or manages, or a(l I s or assis;ts in the keeping or management of, :r t,rothel sha1l. be punishable on flrst conviction r.r. ith rigorous imprisonment for a term of not less than one year- ancl not rr ore than three years and also tt,ith hnc $,hich may extend to two thousand rupees and in the c,/cnt ol' a second or subsequent conviction, u,ith rilprous 5 imprisonment for a term of not less than fwo years and not more than hve years and also with fine which may extend to two thousand rupees. (!1Any person who- le[being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to sue, such premises or any part thereof as a brothel, or @peing the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the sarne or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party Lo the use of such premises or any part therco[ as a brorhel. Shall be punishable on first conviction r,r,r th imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees and in the event of a Second or subsequent conviction, with rigorous imprisonment for a Lerm which may extend to five years and also with flne- @lNotwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clausc (a) or clause (b) of sub- section (21 of aoy offence undcr that sub-section in respect of any premises or any part thereof, any lease or agreement under which such premises have been Ieased out or are held or occupred at the time of the commission of the offence. shall become void and inoperative with e{Iect from the date of the said conviction. 4. Punishment for liuin prostitrttion. q on the earnlnoso f ; l ! : E I l l.I.fAny person over the age of eighteen years who knowirrgly lives, wholly or in part, on the earnings of the prc,stitution of a woman or girl shall be punishable with rnrprisonment for a term which may extend to two years, lr with fine which may extend to one thousand rupees or with both. (Z[Whe-e any person is proved- lgfto be living with, or to be habitually in the comp,any of, a prcstitute; or plto lrcve exercised control, direction or influence over the mo.,,rements of a prostitute in such a manner as to shorv that such person is aiding, abettingi or compelling her prostitution; or (Efto bc acting as a tout or pimp on behalf c f a prostir-t te, it shall be presumed, until the contrary is provecl, that such person is knowingly living on the earnings of prostitution of another person within rhe mcanin13 oI sub-section (l):provided that no :;uch prcsurnction shall be drawn in the case of a son or daughtcr of a prostitute, if the son or daughterr rs belo',v ttrc age of eighteen years. 5. Procuri the soke of orostltutlon, ff,.fAny person who- fqfprocures or attempts to procure a woman or girl, rvhethe,r with or without her consent, for the purJr<;se of prosr i lut ion; or fQfincluct:s a woman or girl to go from any place, rr rth the intcnt that she may for the purpose of prostitu:ron bccorne r he inmate of, or frequent, a brothel; or (Eftakesr or attempts to take a woman or girl. or cau scs a wom;rr. or girl to be taken, from one place to anotlrer lnducinq or td.klnq uoman or qtrI for I I ! i l I I t I I I I I i I 8 with a view to her carrying on, or being brought up to carry on prostitution; or ft!,lcauses or induces a woman or girl to carry on prostitution; shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than two years and also with fine which may extend to two thousand rupees. lQ)In *te event of a second or subsequent conviction of an offence under this section a person shall be punishable with rigorous imprisonment for a term of not less thal two years and not more than hve years and also with fine which may extend to two thousand rupees. /€,fAn offence under this section shall be triable _ la,lLn the place from which a woman or girl is procured, induced to go, taken or caused to bc taken or from which an attempt to procure or take such woman or girl is made; or ft)rn the place to which she may havc gone as a result of the inducement or to which she is taken or caused to be taken or an attempt to take hcr is made. L2. The Sections 3, 4 ald 5 of the Acr dea-ls with regard to punishment for keeping a brothel or allou,.ing premises to be used as a brothel, punishment for living on the earnings of prostitution; punishment for procuring, inducing or taking woman or girl for the sake of prostitution. There arre no allegations against the petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured girl for : t t I t ,i i :. i t t i,' { L Il I f I I I i ; i,J 9 doing prost.it.ution. In the present case on hand, as per the case of prosecution, the sole allegation against petitioner-accused No.2 is that he is a customer. Therefore, the allegation against the petitiorre r does not constitute the offences under Sections 3, 4 and 5 of t,L.e Act.

13. As seen from the entire case record, :ncluding the contents ol FIR, that there is no allegation in the F-IR that the I petitioner ht:rein had knowledge and/or the reason to believe that the w,lrrran was trafficked for the purpose of prostitution. Therefore, t.re ingredients required to constitute the offences under Sectic ns 143 and 144 of BNS (Previously 370 and 37O(A) of IPC) are nrt made out against the petitioner.

14. ln vrew of the above discussion and having considered r.he fact that the petitioner-accused No.2 had no knowledge that the uroman was trafficked for the purpose of prostitutiorr, this Court is of the considered view that the continuation of the proceedings against petitioner-ar:cused No.2 amounts to abuse of process of law, therefore, the proceedings against the [retitioner-accused No.2 are liable to be quashed.

15. [n the said circumstances, the proceedings against the petitione r/ accused No.2 in Crime No.949 of 2024 pending on 10 the hle of Police Station KPHB Colony, Cyberabad are hereby quashed.

16. Accordingly, the criminal petition is allowed. As a sequel, pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/. P.PADMANABHA REDDY ANT REGISTRAR AS ECTION OFFICER To, 1.The lV AJCJ Cum AMM Metropolitan Magistrate Kukatpally, Cyberabad 2. The Station House officer Police Station KPHB Colony, Cyberabad 3. One CC to SRI RAVI PULI, Advocate [OPUC] 4.TWO CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad [OUT] S.Two CD Copies t I H]GH COURT DATED:2710112O25 I t ORDER CRLP.No.391 ol'2tO25 ','): t) r- rlE s 14, -l t'.,.. :- IJ L o:/. \\+\*r ,1'.:. \i ?WHE l * :,' I9c F l.+,- --_; ALLOWING THE: CRIMINAL PETITION w