The High Court · 2025

Petition under section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all proceedings in crime. No. 1334 of 2024 on the file of Police station Madhapur, Cyberabad for offences under sections 143 BNS, 144 BNS and 3,4,5 of plTA until iurther orders, Pending disposal of CRLP 499 of 2O25, on the file of the High Court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri P. Ravi, Advocate for the Petitioner and of sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.'1 - The made the following: ORDER ,.\ THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.499 of 2025 ORDER This Criminal Petition is fiied under Section 52g of the Bharatiya Nagank Suraksha Sanhitha, 2023, (fctr short ,B.N.S.S,) by petitioner-accused No.3 to quash the proceedi.ngs against him in FIR No. 1334 o{ 2024 on the file of the pS Madhapur, Cyberabad District. The offences alleged against petitioner are under Sections I 43, 141 of Bharatiya Nyaya Sanhitha, 20.23 (for short 'BNS') ancl Sectrons 3,4 and 5 of the I-r.ro.ul Traffic (Prevention) Act. 1956 (for short ,the Act,).

02. lleard Sri Ravi puli, learned counsel for petitioner and Sri Jithender Rao Veerama_lla, learned Additional public Prosecutor for respondent No.1 - State and perused the record.

03. In brief, the case of the. prosecurion is that the Police, Madhapu r Police Station received creditrle information about running prostitution at Little Flower SI)A & Massage Parlour and raicle d the said parlour and found that petitioner,/ accr-r sed No.3 along with other accus.d rvere present in the Parlour and pe tit.ioner-accused No.3 is the crustomer of the said Parlour. 2 04 . karned counsel for petitioner submitted that the woman who was found with petitioner is not a trafficked \^roman and petitioner is nothing to do with the alleged offences The ingredients of the offences under Sections i43 and 144 of BNS (Previously 370 and 370(A) of IPC) and Sections 3, 4 and 5 of the Act does not attract to the present case on hand' Thereby' he prayed to quash the criminal proceedings against the petitioner' 05. l,earned Additional Public Prosecutor for the State submitted that there are specific allegations against petitioner and the truth or otherwise would come out oniy after conducting full-fledged trial by the concerned Court below and prayed to dismiss this Criminal Petition.

06. In view of the above facts and circumstances o[ the case, it is relevant to extract the provision under Section 143 of BNS (previouslY 370 of IPC): " 143. Trafficking of a Person: ( l)Whoever, for the purpose of exploitation, (a) recruits, (b) transports' (c) harbours, (d) transfers, or (e) receives, a person or persons, by- Firstls- using threats, or Secondtu- using force, or any other form of coercion' Thirdlu- bv abduction. or --i<.- Fourtht by practising fraud, or deceptton, or 3 Fifthlu bv abuse of power, or SixthI - bf inducement, including the giving or reccrvi,rg ol- payments or benefits, in ordel to achieve Lhe cor)scnt of any person having control over the persorr r(cl ultcd. transported, harboured, transferred or rcce ived, commits the offence of trafhckin6;. Exolanation 7- The expression "exploitat.ion" shall incllrdc an) ilct of physical exploitation or irny form of sexual r:xpk>itarion, slavcry or practices similar to slavcrl . sr:n,rtr-rde , or the forced removal of c,rgans. Explanation 2- The consent of the victim is imm:rLt'r'izrl in determination of the olfence of tra I'l'ick ing. .. flfWholr,<:r L;ornmits the offence oI traflicking shall be punishcd u,ith rigorous imprisonment for a lerm which sherll n,;t bc lcss than seven years, but .,rrhich may exLcnci r o rcn years, and shall also be liable co fine. lQWhcr t' thr: oflence involves the traffickir-rg of more th:rn onc p(,rsolt, it shall be punishable wirh rlgorous imprisorrrrt:rrL lor a term which shall not be less than ten -\'ezrrs blrt u,hich may extend to impris,t:tment for Iife, ,,n,1 slr;,ll rrls,r be liablc to fine. lfJWlic'rr' tlt,' offcnce inyo]r'r--s the traff icking ol a minor, it shall lx punishable u,ith rigorous imprisrt;-rment for a tcrrrl rvhirh shall nor be less than ten years, but whicl-r nrav t:xtcnd to imprisonment for life. artd shall also lrc:ialtlc to llne. fflWhcr-,r thc ollence involves the traffickingl of more than orc nrinor, it shall be punishable with rigorous imprisorrntr:rrt fbr a term rvhich shall not be less than fourtecu yt:ars, but which may extend to imprisonment for lilr'. :r n,l shirll ulso bc Jiable to fine. 4 {6}f a person is convicted of the offence of trafhcking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to ftne. l![Wherr a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to line."

07. Section 744 of BNS (previously 370(A) of IPC.reads as under: Explolta tion of a trafficked person: f!.fWhoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor lor sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less [han five years, but which may extend to seven years, and shall also be iiable to ltne. [Q[Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploi[ation in any manner, sha11 be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and sha1l also be liable to fine.

08. As per Sections 143 and 144 of BNS (Previously 37O and 370(A) of IPC), any person by using threat or force or any form of coercion or abduction by practicing fraud or I --:-!i.:;iar&g;; 5 deception or bv abusing of power or by indu<:ing can only be termed as a ,tralhcked person,. In the present case, even according to rhe co.tents of FIR, victim statecl that she was doing prostituLron l'or t}.re sake ol money.

09. Non. coming to Sections 3, 4 and 5 of the Act. the provisions in dc,rail are extracted below: _allouino

3. Punishnent for keeoinqab rothel or prem ises fo be used as a brothel. fL,fA nv lrerson u,ho keeps or manages, or acts or assists rn thc ke eping or management of, a brothel . shall be. pt.rnishable on llrst conviction with rigorous imprisolt m,-n L lor zr term ol not less than onc .year and no[ mor( (h;rn three ye :rrs and also with fir.e which may e,xtt'nd t.r l\\,o thousand rupees and in the event of a seconcl or subsequcnt conviction, with rigorous imprisorrrncnl frrr a term of not less than tu/o years and not rnorr: lhal.r hve vears and also with fine *,hich may exte nd t() t$.o thousand rupees. /QAn1, pt'r.son u.ho- /g/being hc 1sn1n1, lessee, occupier or pe:son in charge ol-an1, premises, uses, or knowingly alkrws any other persoD to sue, such premises or any pal.t thereof as a brotltcl. or @,fbeing tlrc o,,r,ncr. lessor or landlord of any ltrr:n_rises or the ag('r.lt ol'such ou,ner, lessor or landlord. lets the same or rll.t) part thcrcol.with the knowledge t.1at the same or :1n]. parl lhcrcof is intended to be use:cl as a brothel, or is wilfully a party to the use oI such premises ()r.lnv part thcrcof as a brothel. ljhall be I I l I x 6 punishable on first conviclion with 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 term which may extend to five years and also with fine. p,lNotwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clause (a) or clause (b) of sub- section (21 of any offencc under that sub-section in respect of any prcmises or any part thereof, any lease or agreement under which such premises have been leased out or are held or occupied at the time of the commission of the offcncc, shall become void and inopcrative with cffect from the date of the said conviction. 4. Punishment for liulnq on the earninqs of p rostitution. f].fAny person over the age of eighteen years who knowingly livcs, wholly or in part, on the earnings of the prostitution of a woman or girl shall be punishable with imprisonment lor a term which may extend to two years, or with hne which may extend to one thousand rupees, or with both. @[Wh-ere any person is proved- lglto be living with, or to be habitually in the cbmpany of, a prostitute; or P)to have cxercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her Prostitution; or 1 itl,fpr rostitution. or takinq u)omo,n o /gfto br' .r.rling as a tout or pimp on bel-ralf of a prostitu te, i: shall be presumed, until the r:ontrary is proved, that such person is knowingly living on the earnings of prostitution o[ another person within the meaning of sub section ( 1):Provided that no such presuml;tion sha.ll be drarvn in the case oi a son or daugl.rtr,;' ol a prostitute, il the son or dzrugtrte r is below' the agc ol eighteelt ycars. 5. Procuring, ind.ucl the sq.ke o {f,.,,fAn1' pt'rson u'ho- fqfprocurcs Or attempts to procure a womzrn or girl, whether $,itli or u,ithour her consent, for the ptrrpose . of prostit ut ion; or @finduces a woman or girl to go from any place, u,ith the inten t ihilt she ma1. for the purpose of prostitution become rht' inmate ol, or lrequent, a brothel; or lqftakes r)r attempLs to take a woman or girl, or causes a \{roman or girl to be takcn, from one place to another with a vi,'u to hcr carrying on, or being brought up to carry on prris titution; or ft!,fcauses or induces a woman or girl to (:arry on prostitut-ion; shall be punishable on first (:c,nviction with rigorous imprrsonment for a term of not L:ss than one year irnd not rnore Lhan lwo years and also with fine u,hi<:lr tn:ry extend to two thousand rupees {2[n the i:venL of a second or subsequent conviction of an ofl'enr:e under this section a person s.hall be punishal)lc s ith rigorous imprisonment for rt term of not less Lhatn tu,o vears and not morc than li,/r: years and also rvith finc which may exten(l to two,,housand rupees. ( ..n j!i|-. o @,fAn offence under this section shall be triable- 1q,fin the place from which a woman or girl is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such woman or girl is made; or /4fin the place to which she may have gone as a result of the inducement or to which she is taken or caused lo be taken or an attempt to take her is made.

10. The Sections 3, 4 and 5 of the Act deals with regard to punishment for keeping a brothel or allowing 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 are no allegations against the petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured giri for doing prostitution. In the present case on hand, as per the case of prosecution, the sole allegation against petitioner-accused No.3 is that he is a customer. Therefore, the ailegation against the petitioner does not constitute the offences under Sections 3, 4 ard 5 of the Act.

11. As seen from the entire case record, including the contents of FIR, the victim disclosed that the petitioner 15a customer and she clearly stated that she joined brothel house and given her willingness to do sex with the customers and she 9 collected money from the petitioner herein. Furthermore, there is no allegatron in the FIR that the petitioner herein had knowledge and f or the reason to believe that t.he woman was trafficked for the purpose of prostitution. Therefore, the ingredients requirecl to constitute the offences; under Sections 143 and 144 of BNS (Previously 370 and 370(4) of IpC) are not made out against the petitioner.

72. In view of the above discussion and having considered the fact that the petitioner-accusr:cl No.3 had no knou.ledge that the woman was trafficked for the purpose of prostitution, this Court is of the considered view that the continuation of the proceedings against petitioner_accused No.3 anounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.3 are liable to lte quashed. I 3. Accordingly, this Criminal petition is aliowed and the proceedings against the petitioner-accused No.3 in F.IR No.1334 of 2024 on the file of the Station House Officer, Madhapur Police Station, Cyberabad, are hereby quashed. As a sequel, pending miscellaneous applications, if any, shal1 stand closed //TRUE COPY// Sd ASSIS t- \I. HARI PRASAD ANT REGISTRAR E.CTION OFFICER To,

1. The X Addl Metropolitan Magistrate' Cyberabad at Kukatpally' 2-TheStationHouseofficer,MadhapurPoliceStation,Cyberabad

3. Two CCs to The Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to Sri Ravi Puli, Advocate [OPUC] 5. Two CD Copies / BJLB/gh (Y HIGH COURT DATED:2810112025 \ \ ORDER !lE s rrrr€ 4 Y ) t) 1tl APR E6 z a '" t '-1,;31 11i'\ \.:-_=-i'-:- .A t .:0 CRLP.No.499 ot 2025 CRIMINAL PETITION IS CLOSED "{a W. --,!.ialan