The High Court · 2025

1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad-

2. M. Sreelatha, Sub-lnspector of Police, KPHB Police Station, Cyberabad. ...RespondenUComplainant ...RespondenUDe facto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of GrouMs of Criminal Petition, the High Court may be pleased to quash the proceedings in P.R.C. No. 73 of 2O24 on the file of the lV AJCJ-CUM-XV Additional Metropolitan Magistrate, R.R.District, at Kukatpally against Accused No.3 l.A. NO: 2OF 2025 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. 73 of 2024 on the file of the lV AJCJ-CUM-XV Additional Metropolitan Magistrate, R.R.District, at Kukatpally including appearance of the Accused No.3, pending disposal of the above Criminal Petition l.A. NO:1 OF 20215 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 dispense with filing of certified copy of the Charge Sheet in p.R.C. No. 73 of 2024 on the file of the lV AJCJ-cuM-xv Additional Metropolitan Magistrate, R.R.District, at Kukatpally This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crimrnal Petition and upon hearing the arguments of Sri S. RAM REDDY, Advocate for the Petitioner and the public prosecutor (TG) on behalf of the Respondent No. 1 and None appeared for the Respondent No. 2 The Court made the following: ORDER HON'BLE SMT. JUSTTCE JUWADI SzuDEVI CRIMINAL PETITION No.980 of 2025 ORDER: This criminal petition is frted under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS'), seeking to quash the proceedings against the petitioner/accused No.3 in P.R.C.No.73 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.293 of 2024 of P.S. KPHB Colony. The offence alleged against the petitioner/accused No.3 is under Section 370(A) of IPC.

2. I-Ieard Sri S.Ram Reddy, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public 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, KPHB, raided the premises i.e., G-2, Plot No.260, l" Floor, Raghavendra Nilayam, Sardar Pate[ Nagar, KPHB Cotony and found that accused No.l is the Organizer, accused No.2 is the Co-Organizer of the said brothel house and the petitioner/accused No.3 is the customer. Basing on the said cornplaint, a case in Crime No.293 of 2024 was registered against the 2 accused and after compretion of investigation, charge sheet was fired, cognizance was iaken and the case was numbered as p.R.C.No.73 of 2024by the learned Magistrate.

4. Learned counsel for the petitioner would submit that tlrcugh the petitioner is innocent, he was falsely implicated in the subject crime. The victim woman who was found in the premises was not a trafficked woman and since the petitioner was a 'customer" the offence areged against him is not at all attracted. Hence, he prayed to quash the proceedings against the petitioner. 5' on the other hand, learned Additionat pubric prosecutor subrnitted that there are specific allegations against trre petitioner and the tr,th or otherwise of the alregations revered against the petitioner can only be known after conducting fuil-fledged triar before the Sessions court, and hence, prayed to dismiss the criminal petition. 6 For the sake of convenience, Sections 370 and 370(4) of IpC is extracted hereunder: "370. Traflicking of a person: (l)Whoever, for the purpose of explo_itation, (a) recruits, (b) transporrs, f"l f*inri., (al trar[[ers. or (e) receives, a persort or persons, by- Egslb- using threars, or Seco TI using force, or an1, other form ofcocrcion, or 3 by practising fraud, or deception, or Tltirdlv- by abduction, or Fourth Fiflhlv- by abuse of power, or Sixthlv- by inducement, irrcludiog the giving or rcceiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trattrckrng. Exolanation I- 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 rernoval oforgans. Explanalion 2- The consent of the victim is immaterial in determination of the offence of traflicking. Q)Whoever commits the offcnce of trafficking shall be punished with rigorous imprisomnent 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. p/Where the offence involves the traf{icking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be l.iable to fine. (4)'*here the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be Iess than ten years, but which may extend to imprisonment lor tife, and shall also be liable to fine. /5) Where the olience involves the traflicking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. t'6)lf a person is convicted of the offence of traffrcking of minor on more than one occasion, then such person shall be punished with imprisonment for [ile, which shall mean imprisonment for the remainder of that person's natural [ife, and shall also be liable to fine. (Z)When a public servant or a police o{ficer is involved in the traflicking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall renrainder of that person's natural mean imprisonment for th€ life, and shall also be liable to fine." 4 Section 370(A) of IPC reads as under: itotio,, t?)Whoever, knowingly or. having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisoument br a term which shall not be less than five years, but which may extend to scven years, and shall also be liable to fine. t'2)Whoever, knowingly by or having reason to believe that a pemon has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shalt not be less than three years, but which may extend to five years, and shall also be liable to fine.

7. To invoke the provision of law under Sections 370 and 370(A) of IPC, there should be proof to srrow that trafficki.g of a person and engagement of such person for sexual exploitation by any olle, knowingly or having reason to believe that sucr.r person has been traTficketl. sb,lt is roi the pioiecution to biinf on record the evidence that there is a reason inter alia to believe that the victims are tralficked by engaged persons for sexual exploitation. In the present case, since no material is produced by the prosecution to prove that the victim w.oman was trafficked, she was engaged for sexual exproitation and as the petitioner had no knowledge that the victim woman was trafficked for the purpose of prostitution, the proceedi,gs against the petitioner ror the offence under Section 370(4.) of IpC, are liable to be quashed. 5

8. [n view of the aforesaid discussion, the proceedings against the petitioner/accused No.3 in P.R.C.No.73 of 2024 on the file of the IV Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, are hereby quashed.

9. Accordingly, this Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed. I To, //TRUE COPY// Sd/. N. SRIHARI ASSISTANT REGISTRAR s CTION OFFICER

1. The lV AJCJ cum XV AMM Metropalitan Magistrate Kukatpally Cyberabad 2. The Station House Officer, KPHB Colony Police Station, Cyberabad. 3. One CC to SRI S. RAM REDDY, Advocate {OPUCI 4. Two CCs to the PUBLIC PROSECUTOR, High Court of Telangana at Hyderanad. [OUTI

5. Two CD Copies. s SM/PR HIGH COURT DATED: 29t01t2OZs ORDER CRLP.No.980 of 2025 ALLOWNG THE CRIMINAL PETITION J, I rlL S 14I c o. J 19 FEB 2025 D +