The High Court · 2025

Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the lrlemorandum of Grounds of criminal petition. the High Court may be pleased to Stay all further proceedings in F.l.R_No.539 of 2OZ4 on the file of KPHB Colony Police Station, Hyderabad pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Rajashekhar Reddy Mallu, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent. The Gourt made the following: ORDER i j I I "1. / THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.468 of 2025 ORDER: This Criminal Petition is filed by the petitioner accused No.3 to quash the proceedings against him in FIR No 538 of 2024 on the file of the Station House officer, KPHB Qg|6,ny Police Station, Cyberabad. The offences alteged against the petitioner are under Section 370(A) of the Indian Penal Code t.for short 'lPC') and 3,'1 and 5 of the Immoral Traffic (Prevention) Act' 1956 (for short 'the Act'). o2 lkrard Sri M.Rajasekhar Reddy, learned counsel for the petitioner ancl Sri Jithender Rao Veeramalla learned Additional Pubhc Prosecutor lor the State respondent and perused the record

03. In brief, the case of the prosecution is that the Police having received credibie information about r-rnning of brothel house and raided the premises at Beautiful Stay Homes Flotel, Sardar Patel Nagar, KPHII and caught the petitirner along with victim. 01 . Lr-'arned counsel for petitioner submitterl that the woman u,ho r.vas found u,ith petitloner is not a trafficked woman 2 and petitioner is nothing to do with the alleged offences. The ingredients of the offence under Section 3ZO(A) of IpC and 3, 4 ard 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. Learned Additional public prosecutor for the State submitted that there are specific altegations against petitioner and the truth or otherwise would come out only after conducting full-fledged trial by the concerned Court below ald prayed to dismiss this Criminal petition.

06. in view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 370 of IPC "37O. Trafficking of a person: (l )Whoever, Ibr the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or pcrsons, by- Firstla- using threats, or Second. using force, or any other form o[ coercion, by abduction, or by practising fraud, or deception, or Third.l Fourthl Fifthlu- by abuse of power, or Sixthltt- by inducement, including the giving or receiving of payments or beneflts, in order to achieve ,l ,,, 3 the consent of any person having control over the person rt:cruiled, transported, harboured, transferled or received, commi[s the offence of trafficking. Explanqtion 7- The expression "exploitation' sh all include any act of physical cxploitation or:rn1 form of sexual exploilation, slavery or practices simrlar to slavery, servitude, or the forced removal of organs. Explanqtion 2- The consent of the victim is immaLerial in determination of the offence of traffickin g. /2,lWhoever commits the offence of trafficking shall be punisi-rcd rvith rigorous imprisonment for a term whrch sha11 not be less than seven years, but q,hich rrray extend to ten years, and shall also be liable to fine. lQWhere the offence involves the lraffickirtg of m,:re than one person, 1t shall be punishable u,ith rigorous imprisonnenL for a term u,hich shall not be less than ten years but rvhich may extend to imprisonment for Iifc, and shall also be liable to fine. l{.lWhere thc offence involves the trafficking of a min or, it shall be punishable with rigorous imprisonmcnt for a term rvhich shall not be less than ten years, but which may extend to imprisonment for 1ife, and shall also be liable to llne. /fiWherc thc offence involves the trafficking of more than one m inor, it shall be punishable with rigorous imprisonment for a term u,hich shall not be less than fourteen 1,ears, but which may extend to imprisonment for life, and shall also bc liable to fine. lr6JI f a pcrson is convicted o[ the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, rl,h ich 4 sha1l mean imprisonment for the remainder of that person's na[ural life, and shall also be liable Lo fine. l!fi,Ihen a public servant or a police officer is involved in the Lrafficking of any person then, such public servant or police ofhcer shall be punished with irnpri'sonment for life, which shall mean imprisonment for the remainder of that person,s natural life, and shall also be liable to fine.,,

07. Section 370(.4) of IpC reads as under: Exploitationofatra fficked person: llJWhoevcr, knon ingly or having reason to belicve that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be Iiablc to line. l2lV'lhocver, knowingly by or having reason to belierre that a person has been trafficked, engages such pcrson fcrr sexual explortation in any maltnerr shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to hne.

08. As per Sections 370 and 370(,4) of IpC, any person by using threat or force or any form of coercion or abcluction by practicing fraud or deception or by abusing of power or by inducing can only be termed as a ,trafficked person,. ,7 i I I ::. 5 09 Nou, coming to Sections 3, 4 and 5 of the Act' the provisions in detail are extracted below:

3. Punishment for keeoinq a brothet or allortti premt ses to be used as a brothel. f]-.,lAny 1tt rson who keeps or manages, or acts or assists rn the keeping or management of, a brotl'rel sha11 be ltunishable on first conviction with rigoro us imprisonment for a term of not less than one year aed not more tl-ran three years and also wilh fine which may extend lo two thousand rupees and in the event of a sccond or subsequenl conviction, with rigorous imprisonment for a term of not less than tu'o ye'rrs and not more than ltve years and also with fi ne rvhrch may extcrtd to l-wo thousand rupees f!]An5' person who- @Jbeing thc lenant, lessee, occupier or person in charge ol any premises, uses, or knowingly allorvs :in1' other person to sue, such premises or any part thereof as a brothel, or @/being lhe owner, lessor or landtord of any premises or the agent of such owner, lessor or landlord, Iets the same or any part thereof with the knowledge that the same or any part lhereol is intended to bc used as a brothci, or rs u'illully a party to the Ltse of such premises or any part thereof as a brothcl ShaLI bc punishable on firsl conviction with imprisonment for a term r.r,hich may extend to two years and with line which may cx[end to two thousand rupees and in the event of a second or subsequent convrction, rvith rigorous imprisonment for a term which ma1' ex[enC to five vears and also with fine 5 or liui on the earnin so p,fNotwithsranding anything contained in any other law for thc time being in force, on conviction of any person referred to in clause (a) or clause (b) of sub_ section (2) ol any offence under that sub_section in respect of any prcmises or any part thereof, any leasc or agreement under which such premises have been leased out or are held or occupied at the time of the commission of the offence, shall be come void and inoperative with effect from the date of the said conviction. 4. Punishment prostitution. fi]Any person over lhe age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prosLitution of a woman or girl shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. (2[Where any person is proved- lg)to be living with, or to be habitually in the company of, a prostitute; or B)to have exercised 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 hcr prostitution; or @fto be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly iiving on the earnings of prostitution of another person within the meaning of sub section (1):provided that no such presumption shall be drawn in the case of a son or / 1 daughter ol a proslitute, il the son or daughter ts below the age of eighteen Years 5. Procurinq . induci nq or ta,kinquo fitan or girl for the sake of Prostitution. /lJAny pcrson who- fq,lprocurcs or attempts to procure a woman or girl, whether rvith or without her consent, for the purpcse of prostrtution; or p,finduces a woman or girl lo go from any place, w:th the intenl. that she may for the purpose of proslitutron become tl-re inmate of, or frequent, a brothell or lcltakes or attempts to take a woman or girl, or cal-lses a woman or girl to be taken, from one place to another with a vit:q' to her carrying on, or be ing brought up to carry on prostitution; or ftfcauses or induces a woman or girl to carry on prostitution; shall be punishable on hrst conviction with rigorous imprisonment for a term of not less t1-Lan one year and not more than two years and also rl ith fine which may extend to two thousand rupces' l2)In lhe event ol a second or subsequenl conl'icliolt ol an olTence under this seclion a persoll shall be punishable u,ith rigorous imprisonment for a terrrL o[ not iess than two years and not more tha;.t five yerars and also r,,'i th fine u'hich may extcnd to t\4'o tllouslrnd rupees. plAn olfence under this section shall be tri.rblc- (g)rn Line place from which a woman or girl is procul'ed, induced to go, taken or caused to be taken or flom which an attempt to procurc or take such rl'omat L or girl is made; or 8 -l lp)tn the place to which she may have gone as a result of the inducement or to which she is taken or caused to be taken or an attempt to take her is made.

10. The Sections 3, 4 and S of the Act dea_ls 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 womarr 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 ol. prostitution, or he procured girl for doing prostitution. In the present case on hand, as per the case of prosecution, the sole aliegation against petitioner_accused No.3 is that he is a customer. ,Iherefore, the allegation against the petitioner does not constitute the offences under Sections 3, 4 and 5 of the Act.

11. As seen from the entire case record, including the contents of FIR, there is no atlegation that the petitioner herein had knowledge and/or the reason to believe that the woman was trafficked lor the purpose of prostitution. Therefore, the ingredients required to constitute the offence under Section 370(A) of IPC is not made out against the petitioner. ,/, I I 9

12. in vieu' of the above discussion and having considered the fact that the petitioner-accused No ' 3 had no kno'"vledge 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 amounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.3 are liable to be quashed'

13. Ac<:ordingly, this Criminal Petition is allowed and the proceedings against the petitioner- accu se d No'3 in FIR No.53B ol 2024 on the file of the Station House Oflict:r, KPHB Colony Police Station, Cyberabad, are hereby quashed' As a sequel, pending miscellaneous applicatrons, if any, sha11 stand closed. ,,TRUE COPY/I o.r,r?fliYo#%'Lt+Hk S ON OFFICER The lV Additional Junior Crvil Judge-cum-AMM Metropolrtan Magistrate' i-lt*tq""'##;",:.[:[3,T[lt'":"!T":1f, :*'*ttS L?u*'i,"n"*n'r Reddv Malu' Advocate [oPucl Two CD CoPies :"&#3i!t3in'"'" I I To, 1

2. 3. 4 5 ADK/gh HIGH COURT DATED:2210112025 I ORDER CRLP.No.468 of 2025 ALLOWING THE CRLP 1,tl E S IiA,.,.. q q J o o 03 ( t o5, So4 'r ' r€ ( 5 o 1 9E.sTA1.6 u^. 0 3 ttB 20!5 t OF sPATc$ g;l t ( 2 o L .+