The High Court · 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 quash the proceedings against the petitioner/A-4 in C.C.No-872 of 2023 on the file of V Additional Metropolitan Sessions Judge, Hyderabad at Nampally. I.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 including the appearance of the petitioner/A-4 in C.C No 872 of 2023 on the file of V Additional Metropolitan Sessions Judge, Hyderabad at Nampally. I 7, I / This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri R. Prasanth, Advocate for the Petitioner and the Additional Public Prosecutor (TG/AP) on behalf of the Respondent No '1 . The Court made the following Order:- / I THE HONOURABLE SMT. JUSTICE JTIWADI SRIDEVI cRIMINAL PETITION No.1O46 of 2025 ORDER: This Criminal Petition is filed by the petitioner- accused No.4 to quash the proceedings against him in S.C.No.872 of 2023 pending on the file of the learned V Additional Metropolitan Sessions Judge, Hyderabad at Nampa1ly. The offences alleged against the petitioners are under Section 370(1)(a), 370(3) of the Indian Penal Code (for short 'IPC') and Sections 3, 4 and 5 of the Immoral TraJIic (Prevention) Act, 1956 (for short the Act').

02. Heard Sri R.Prasanth, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State ald perused tJre record.

03. In brief, the case of the prosecution is that ttre Police, received credible inlormation about running of brothel house and raided the premises at Nahrral Spa, located at AS Mandi House Building, Surya Nagar, Somajiguda, Hyderabad and lound that accused No.1 was 2 \ orgariizing brothel house and petitioner-accused No.4 is the customer of the said brothel house.

04. Learned counsel for petitioner submitted that the woman who was found witll the petitioner-accused No'4 is not a tralficked woman and petitioner is nothing to do with the alleged offences. The ingredients of the offence under Section 370(1)(a) and 370(3) 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. Learned Additional Pubtic Prosecutor for the State submitted that there are specihc allegations against the petitioner and the truth or otherwise would come out only 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 of the case, it is relevant to extract the provision under Section 37O of IPC: "37O. Traffrcking of a Person: (l)Whoever, the purpose of exploitation, (a) recruits, (b) 3 transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- Firstl Second using force, or any other form of using threats, or by practising fraud, or deception, or coercion, or Thlrdla- by abduction, or Fourth Ftfthla- by abuse of power, or Sttdhlu- by inducement, including the giving or receiving 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 trafficking. Explo,nation 7- The exprcssion "exploitation" shall include any act of physical exploitation or a-ny form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs. EtCplo'no;tion 2- The consent of the victim is immaterial in determination of the offence of traflicking. /p,fWhoever commits the offence of traflicking shall 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 Iine. [9/Where the ollence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not \ 4 be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (![t/lhrere the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten yea-rs, but which may extend to imprisonment for life, and shall also be liable to Iine. (SlWhere the offence 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 Iine. (5[f a person is convicted of the offence of traflicking of minor on more than one occasion, then such person shall be punished r.r'ith imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. (7ftlhen a public servant or a police officer is involved in the trallicking 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 fine." 5

07. Section 370(A) of IPC reads as under: Exploitation of a trafficked Derson'. f!,fWhoever, knowingly or having reason to believe that a minor has been traflicked, 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 liable to fine. @fi{hoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, 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 line.

08. As per Sections 370 and 370(,{) of IPC, any person by using threat or force or any form of coercion or abduction by practicing fraud or deception or by abusing of power or by inducing can only be termed as a 'trafficked person'. In the present case, even according to the prosecution, LW2 and 3-victims stated that they are doing prostitution for the sake of money. 6

09. Now coming to Sections 3, 4 and 5 of the Act, the provisions in detail are extracted below:

3. Punishment for keepinq d brothel or allouins p remises to be used as a brothel. tUAny person who keeps or marlages, or acts or assists in the keeping or management of, a brothel shall be punishable on hrst conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event ofa second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees. (Z)Any person who- (gfbeing 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 @fbeing the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the sarne or any part thereof r,r,ith the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel. Shall be punishable on first conviction u'ith imprisonment for a term which may extend to two years and with fine which may 7 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. [QlNotwithstanding 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 (2) of any offence under that sub- section in respect of any premises 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 offence, shall become void ald inoperative with effect from the date of the said conviction. 4. Punishment prostittttion. on the eand o E)Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of a woman or girl shall be punishable with imprisonment for a term rvhich may extend to two years, or with fine which may extend to one thousand rupees, or u,ith both. (Q[6lhere any person is proved- (rrlto be living with, or to be habitually in the company of, a prostitute; or {0,fto 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 her prostitution; or 8 \ (cilto 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 living on the earnings of prostitufion of anot-her person within the meaning of sub-section (l):Provided that no such presumption shall be drawn in the case of a son or daughter of a prostitute, if the son or daughter is below the age of eighteen years. 5. Procurinq. inducinq or to,kinq u)olrnrrn or qirl for the srrke of prostitrttion. l\)Any person who- fqfprocures or attempts to procure a woman or girl, whethcr with or without her consent, for the purpose of prostitution; or @finduces a lr,oman or girl to go from any place, with the intent that she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or (qftakes or attempts to take a woman or girl, or causes a woman or girl to be taken, from one place to another u'ith a view to her carryring on, or being brought up to carry on prostitution; or ftfcauses or induces a woman or girl to carqi on prostitution; shall be punishable on first conviction rvith 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. (2)ln the event of a second or subsequent conviction of an offence under this section a 9 person shall be punishable with rigorous imprisonment for a term of not less than two years and not more than five years and also with hne which may extend to two thousand rupees. (QAn offence under this section shall be triable- (gfin 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 (&,fin 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 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 girl for doing prostitution. In the present case on hand, as per the case of prosecution, the sole a-llegation against the petitioner-accused No.4 is that he is the customer. Therefore, the allegation against 10 the petitioner does not constitute the offences under Sections 3, 4 and 5 of the Act. 1 i. As seen lrom the entire case record, the victims joined brothel house and given their willingness to do sex with the customers. Furthermore, at the stage of filing of the FIR or during the course of investigation or through the averments of the charge sheet, the Police could not putforth any material to substantiate tJlat the petitioner had knowledge and/or the reason to believe that the women were trafficked for the purpose of prostitution. Therefore, the ingredients required for constituting tlle offences under Section 37O(1)(a), 370(3) of IPC are not made out against the petitioner.

12. In vien, of the above discussion and having considered the fact that the petitioner-accused No.4 had no knowledge that the women was trafficked for the purpose of prostitution, this Court is of the considered view that the continuation ol the proceedings against the petitioner- accused No.4 amounts to abuse of process of law, therefore, 11 the proceedings against the petitioner-accused No.4 is liable to be quashed.

13. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.4 in S.C.No.872 of 2023 pending on the file of the learned V Additional Metropolitan Sessions Judge, Hyderabad at Nampally, are hereby quashed. As a sequel, pending miscellaneous applications, if any, sha1l stald closed. //TRUE COPY// Sd/. K. AMMAJI ASSISTA T REGISTRAR CTION OFFICER To, '1 . The XIV Additional Chief Metropolitan Magistrate at Nampally. 2. The Station House Officer, Pan.lagutta P.S., Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]. 4, One CC to Sri R. Prasanth, Advocate {OPUCI 5. Two CD Copies VC/gh s HIGH COURT DATED:2910112025 I I 19 F'LB 2tJ6 (nr z .s ,taTcrrgo a ORDER CRLP.No.1046 of 2025 ALLOWING THE CRLP @oo"ow