The High Court · 2025

Sri. G. Srihari, S/o G. Maisaiah, Aged 61 years, Occ. pan Shop, Rt/o H.No. 2_ '16, Khanamet, near Hitex NAC Grounds, Izathnagar, Serilingampally, Ranga Reddy District. ...pETtTtONER/ACCUSED No.2 AND

1. The State of Telangana, Rep by its public prosecutor, High Court For the State of Telangana at Hyderabad_ .., RESPONDENT/COMPLAlNANT

2. M. Venkateswarlu, sub-rnspector of porice, KpHB porice station, cyberabad. .,.RESPONDENT/DEFACTO COMPLAINANT Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings in p.R.c. No. 15 of 2024 onlhe file of the lv AJCJ-cuM-XV Additional Metropolitan Magistrate, R.R.District, at 6€rH'g1* Kukatpally against Accused No.2 . l.A. NO: 2OF 2o25 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay all further proceedings in p.R.c. No. 15 ot 2o24 on the file of the lv AJCJ-cuM-xv Additionar Metroporitan Magistrate, R.R.District, at Kukatpally including appearance of the Accused No.2 pending disposal oi 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 s. RAM REDDY ,Advocate for the petitioner and Sii Jithender Rao Veramalla,the Additional Public Prosecutor (TG) on behalf of the Respondent No.1, The Court made the following: ORDER HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.976 of 2025 ORDER: This criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS'), seeking to quash the proceedings against the petitioner/accused No.2 in P.R.C.No.l5 of 2024 on the file of the IV Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, pertaining to Crime No.457 of 2023 of P.S. KPHB. The offence alleged against the petitioner/accused No.2 is under Section 370(A) ol- IPC.

2. I'Ieard Sri S.Ram Reddy, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additior-ral Pr-rblic Prosecutor appearing for the respondent-State and perused the record

3. The case of the prosecution, in brief, is that, on receiving credible information about running of prostitution, the Police, KPm, raided the premises i.e., LIG-541, Ground Floor, 7 rh Phase, Ankura Hospital backside, KPHB Colony and found tl.rat accused No.1 is the Organizer of the said brothel house and thc petitioner/accused No.2 and accused No.3 are the customers. Basing on the said complaint, a case in Crime No.457 of 2023 was registered agaiust the accused and after completion 2 of investigation, charge sheet was filed, cognizance \\,as taken and the case \.\'as numbercd as p.R.C.No. I 5 of 2024 by the learned Magistrate. 4' I'earned c.unsel for the petitioner would submit that though the petitio,er is i,nocent, he was falsely implicated in the subject crime. The victim woman who was found in the premises was rlot a trafficked \\'oman and sircc thc petitioner was a 'customer', the olrcrr.ces aileged against him are .ot at all attracted. Hence, he pra-ved to quash thc proccedings ae.ain st the petitioner. -5 on the oth, hand, learned Additional public prosecutor suLrnrittcd that thcre are spccific alregations against the petitioner and trre tr.uth or otherwisc of the rrllcgations le,elred against the pctitio^cr. caii orri, [rs knowr.r afte. condrrcting fulr-fledged triar before the Sessions Crourt, and hence, prayed to disrtriss the criminal petition. 6 Iror the sake olconvenience, Sections 370 and j70(A) of IpC is extracted hereunder "370. Tr:rfficking oI a person: (l)Whoever, for the purl:xrc_ of exploitation. (a) recruits, (b) transports, (c) harbouis. (d) translcrs- or (c) receives, a person or persons, by_ Firstly- lrsing threats, or Secondlv - using force, or any other form ofcocrcion. or Thirdlt [r-r,abduction.or Fourthlr br ltr.actising fraud, or deception, or 3 Fifthlv by abuse ofpower, or Slyttllv- by inducement, including the giving or receiving ol payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, translened or received, commits the offence of trafflcking. Explanation l- The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs. Explanation 2- The consent of the victim is immaterial in determination of the offence of tralficking. t/2)Whoever commits the offence of trafficking shalI be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (/Whcre the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten ycars but which may extend to imprisonment for Iile, and shall also be liable to [lnc (!,lWhere the offence involves the tralticking of a minor, it shall be punishable with rigorous imprisonrnent lor a term which sha[[ not be less than ten ycars, but which nlay extend to imprisonment for life, and shall also be liable to irne. fi/Where the offence involves the tralli<-king ol tnore than one minor, it shall be punishable with rigorous imprisonmenl for a term which shall not be less than lourtee n years, but lvhich may extend to imprisonment for tit-e, and sha[[ also be Iiable to fine. @/lf a person is convicted ofthe off'ence o[trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shatl rnean imprisonment lor the remainder of that person's natural life, and sha[[ also be liable to fine. (flWhen a public servant or a police officer is involved in the trafficking of any person then, such p ublic servant or police officer shall be punished with imprisonn-r ent for [ife, which shall mean imprisonment for the remainder ol that person's natural life, and shalI also be liable to fine." I 4 Scctio n 370 A of IPC read s as under: ExDloitat.'ion of a trafficked Pefson: (lWhoei,er, knowingly or having reason to believe that a minor has been trafficked, engages such tninor for sexuai explortation in any manner., shall be punished with ricorous imprisonmenr lor a tenn which shall not be less rha-n five years, but which may extend to seven years, a-nd shall also be Iiable to fine. plWhoever. knorvingly by or: having reason to believe that a pcrson has been trafficked, engages such person lbr sexual cxploitation in any manner, shall be punished with r.igorous imprisonment lor a ieim ."vhich sirall not be less than'three years. but rvhich may extend to five years, and shall also be liable to fine.

7. l'o invoke thc provisior.r of law under Sections 3.70 and 3lO(,q) of IPC, therc should be proof to shou, that trafficking of a persoll and ellgagc{llcltt of suclt persou for sexual exploitation by any ot1e, k trnr.v irr.r l., n,. I.^.,:-^ ,.-,,uwrrEi)/ oi ilavrng i-cason io beiieve that such pcrson has becr_r trafficked. So, it is for the prosecution to bring on record the evid.ence that there is a reaso, inter aria to believe that the victirns are trafficked by engaged persons fbr sexual exploitation. In the present case. as seen frorn the enlire case record, the victim stated that she was do ing prostitution for the sake of rnoney and she joined brothel house and given her rvilling,ess r.o do sex with customers. since no lxateriar is produced by thc prosecution to prove that the victim woman 1^/as traffickcd, she was engaged lor sexual exploitation and as the petitioner had no l<nowledge that thc victin.r woman was traffrcksd for the purpose 5 of prostitution' the proceedings against the petitioner for the offence under Section 370(A) ofIpC, are liable to be quashed.

8. In view of the aforesaid discussion, the proceedings against the petitioner/accused No.2 in p.R.C.No. 15 of 2024 on the file of the IV Additionar Junior Civil Judge-cum-XV Additional Metroporitan Magistrate, Ranga Reddy District at Kukatpally, are hereby quashed.

9. Accordingly, rhis Cr.iminal petition is allowed. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPYII Sd/. L. VIJAYA LAXMI ASSISTANT REGISTRAR CTION OFFICER To, \ \ 'I . The lV Additional Junior Civil J_udge Cum XV Addiilonat Metropolitan " ll-1r,:lr?*, Kukatpaly,Rans, R;ily ;;ir;;; ^"""' z. I ne Utatton House Officer,KpHB Cotony eoiice Station,Cyberabad. 3 one cc to sRts RAM_IE??v iil;"i""i;d6l t 5. Two CD Copies p n o sE c u roi, il;; il;#" r the sta te <.rr rer a nsa n a, lX,if"?',l",ir'r? " t' AR/gh % HIGH COURT DATED:29/01/2025 ORDER CRLP.No.976 ol 2025 ALLOWING THE CRL.P. W r. iHE s 14 f Zu$ 2A25 ) t'(\(p ?: C:. * i" 'Sn.i'r61.rg() * --=