High Court · 2025

2 The state porice, through Sri.M. Gopar. Detective rnspector of porice, s'R ' Nr'g;r'F';itJ dt'tion' H-Yderabad "'RespondenUDe-facto Complainant Petition under Section 528 of BN^SS prayrno that in the circumstances stated in the Memorandr#'Ii'cr-"r"0, of c_riminal p"iltrn, the High court m.ay be petition"rA..u.ed No.4 in crime No 54 oteased to quash tn" p,o".JoiigliaJa"inst 2025 of P.s. s R ru'''ir""'" irviJ'iu'a u"t"o, 2? 01 2025' on the file of the 'ot Hon'ble lll Additional Cf i"ii'Oi"ilf Magislrate at Hyderabad t.A. NO:2OF 2025 PetitionunderSection52BofBNSSpraylngthatinthecircumstances stated in the llemorandr*'iiC]IrnOr of Criminal-Pe-titron, the High Court may be pteased to stay of all rurtneiproc""aingr against petitioner/Accused No.4 in crime No.54 of 2025 ot p.S s n. ilugui' ivi"ruu"o dated 22 01 2025 ' on the file of the Hon'ble lll Additional. Cniet iuiicial Magisirate at Hyderabad' pendlng disposal of the Criminal Petition- This Petition coming on for hearing' upon perusing the lVlemorandum of Grounds of Criminal Petitaon and upon hearing the arguments of Sri Nageshwar Rao pujari representing M/s. Disha Law Firm, Advocate for the Petitioner and the Sri Jithender Rao Veramalla, Additional Public Prosecutor on behalf of the Respondent No-1 and of None appeared for th" p"t'ondent No 2 The Court made the following: ORDER e l THE HON c OR DE R: OURABLE SMT. uUsTIcE JUWADI SRI DEVI RIMI NALP ETtTtoNNo.1363 of 202 5 This Crimina ;:,:,", ;":rffi:iTffi :jT:,:ffi,T,,1;l ; ;T;;:#fi:,Ti ,,:':::'::",,,:^:, 370(4) of the rndian penar code) and sectior'BNsi') lmmoral Traffic (prevention) Act, i 956 (for short ,the Act,) (sections 370, rs 3, 4 and 5 of the

02. Heard Sri Nageshwar Rao pujari, representing M/s Disha Law Firm' rearned counser for petitioner and sri Jithender Rao Veeramalla, learned Additional public prosecutor for the State.

03. rn brief, the case of the prosecution is that the porice, received credibre information about running of brother house and raided the premises at Room No.204, Second Floor, OyO Townhouse il.lg, Sai Baba Temple Road, Bapunagar, S.R.Nagar, Hyderabad and found that accused No. 1 was organizing brother house and petitioner-accused No.4 is the customer of the said brothel house. 04 Leafned counsel for petitioner submitted that the woman who was found with pefttroner is not a trafficked woman a'nd petitioner rs t !,;-' 2 nothing to do with the alleged offences' The ing under section s 1/f,' lU.a\z) of BNS and Section does not attract to the present case on hand. quash the criminal proceedings against the petitioner redients of the offence s 3, 4 and 5 of the Act TherebY, he PraYed to Additional Public Prosecutor for the State specific allegations against petitioner and the come out only after conducting full-fledged trial rt below and prayed to dismiss this Criminal 05' Learned submitted that there are truth or otherwise would by the concerned Cou Petition.

06. ln view of the above facts and circumstances of the case, it is relevant to extract the provision under section 143 of BNS: by practising fraud' or deceplion' or using force, or any other form of coercion' or "143. Trafficking of a Person: (1)Whoever' for the purpose of exploitation, (a) recruits' (b) transports' (c) harbours' (d) transfers, or (e) receives, a person or persons' by- EjrstlY- using threats' or Secon Thirdlv- bY abduction, or Foutthl Fifthtv- bY abuse of Power' or Sixthtv-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. Explanation 1- The expression "exploitation" shall include any act of physical exploitation or any form of sexual I a J exp/oitatton, slavery or practices or the forced removal of organS similar to siavery, servttude, of th e offence of traffrcking !an determination person, it shall be punishable w'ith rigorous not be less than ten prrsonment for life and 2- The consent of the victim is lmmaterial in (2)Whoever commits the offence of taffk>king shalt be punished with rigo rous imprisonment for a term which shall not be /sss th6n 5 even years but which may extend lo ten yea rs, and shall also be liable to fine {awh ere the offence involves the traffick rng of more than rmprisonment for a term which shall years but which may extend to im sh all also be liable to fine Q)Where the offence in the trafficking o't a minor, it shail be punishabre *,,/'o''ut rigorous imprisonment for a term which shal not be ress,l to imprisonment ror rire, #:J,il: #;I]i:H:*.,. lflWhere the offence inl one minor, t sha be r,";:frlJHT::::,#:::j:il for a term which shall no wh ch may extend to,,r,:HH ,lilJ::::Tfiil: ?l liable to fine. r'6)lf a person is convicted of the offence of trafficking c,f minor on more than one oc punished with imprisonmjiill;1"'-'r,j'T::t;:]; imprisonment for the remainder of that person,s natural life, and shall also be liable to fine. (f\Nhen a public servant or a police officer is involv,ed in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for ti{e, which Shall mean imprisonment for the remainder of that person's natural life and shatl also be liable to fine " :.;;..' 4 Section 144 of BNS reads as under o7. c son to believe that a such child for sexual unished with rigorous not be less than five and shall also n Years, Ex oitationofa traffi ked ers (!)Whoever' knowinglY or having rea child has been trafficked ' engages shall be P exploitation in any manner' imprisonment for a term which shall years, but which may extend to seve ff::::::l[ow ns v bv or h av ns re:::::1=:T:: i:::; person has been traffrcl(ed' ,a;'; prn,.n"o with rigorous exploitation in any manner' "no".":, ::. :^ ,.". than three imprisonment for a term which shall not be less than years, but which may extend to five years' and shall also be liable to fine

08. As per Sections 143 and 144 of BNS' any person by using threat or force or any form df coercion or abduction by practicing fraud or deception or by abusing of power or by inducing can only be termed as a 'trafficked person'' ln the present case' even according to the contents of FlR, victim stated that she was doing prostitution for the sake of moneY

09. Now coming to Sections 3, 4 and 5 of the Act' the provisions in detail are extracted below keepinq a brothel or allowinq 3 Punishment prernrses to be used as a bro thel. fllAny person who keeps or manages' or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of a-,? - f a 5 "" " 6,-"r"or "r.:::-ai ",,",ill:: ,";; :r, allows any other orl;l;:;, occupier or person in charlre of o":""' '" landlord of any premises or the "'landlord' lets the r;am not less than one y a,so wirh ,." *;;;n;1.i11 "., more than rhft ,n ,n" u,uni ;'"'J:l-"""nd to two ;;;,,";:" vears and r goro us,,o,* ":, :I'Jl,::n*;f and not more than riru ,.]^''l]',ur.not less than two years extend to *" *"r.".'otrl;:::',, arso wth tine which may (UAny person who_ (e)being the tenant, les any premises. **, .l ,t""^1. sue, such premises o,.,lno*in9tv (b)beinsthe owner, agent of such o*n"r, ,u"l'or part thereof with the *,.1"i that the ."r: ; r"r;';H thereof is intended ,o ou'*'uoru used as a brothel' or ;s wilfully a party to the use of such brorher srra, be ;;,J#":;';:lr#ffi,;,; imprisonment for a term w may extend to two years and with fine which may d to two thousand rup€es and ir't Ihe event of a second o' t'ot"ouent conviction, with rigorous imprisonment ro. a term which may extend to fiv€) years and also with fine. lQNotwithstanding anything contained in any other law for the time being in ;6r"", on conviction of any person referred to in clause (a) or claus e (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 prpsrnlssg have been leased out or are held or occupied at the tjme of the commission of the offence, shall become void and rnoperative with effect from the date of the said conv(rion 4, Punis hment for livin on the earntn (!)Any person over the age of eighteen years who krrowingly lives, wholly or in part, on the earnings of the prostitution of a woman or girl shall be punrshable with imprisonment for a rostitution. "ounn'tn o l' rine which mav term which ",'*o"o'",I:Jl?i;lliill .tt.nO to one thousand rup L*n.," anv person't.ltl""l"oor"*y l4to tt living with' or to I prostitute, or (!,[to have exercised *l].* I-.r"."nt, " ' otu't_'ll*^n is aiding' abt ", such Person Tol. direction or influence over the ;;;anner as to show that ***u,"g her prostitution; in the company of , a /clr or qirl for the o be acting as a tout or PlmP ll be Presumed' on behalf of a Prostitute' that such is Proved, ings o{ Prostitution ing of sub-section shall be drawn in the stitute, if the son or until the contrary person is knowingly living on the earn ther Person within the mean (1) P rovided that no such Presumptlon of a son or daughter of a Pro daug hter is below the age of eighteen years 5. Procurinq indu ctn or takino woman sakeof prostitution. (!)AnY Person who- (glprocures or attempts to procure a woman or girl' whether I*itn or witnout her consent' for the purpose of prostitution; or [,ndr"". a woman or girl to go from any place' with the ilrent tfrat she may for the purpose of prostitution become the inmate of , or frequent' a brothel; or (gltakes or attempts to take a woman or girl' or causes a *o.rn o, girl to be taken' from one place to another with a view to her carrying on' or being brought up to carry on prostitution; or (d)causes or induces a woman or girl to carry on prostitution; shall be punishable on first conviction with 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 '/' .--k8* & n 7 . t" prunishab/e taken or an atten conviction of an t o, which a woman or (eln the eve a second or subsequ otfence undul.t"of risorous i,p,:l' '""'" ;;;;;:;:;""' *,.' and not ,o,"''.:n':'' ",. " "';;;': extend to,-" J::T;,;";' J: : ::'ff ;f ;"T;:; (lAn offence t this section shall be triable. (e)in the r,r".'nou' induced ,o no, , attempt,o rro",''*un @lin the ,,""" ll the inducemen, or caused ,;;";r;; iJ* ffi:: or take such woman or girl is made; or to which she may have gone a{i a resulr of or to which she is taken or caused to be 1pt to take her is made. 10. The Sections 3, 4 and 5 of the Act deals with regsr6 16 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 aregations against the petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured girl for doing prostitution. ln the present case ()n hand as per the case of prosecution, the sore aregation against petitioner-accused No.4 is that he is a customer. Therefore, the allegation against the petitioner does not constitute the offences under Sections 3, 4 and 5 0f the Act 11 As seen from the entire case record, including the contents of FIR' the victim disclosed that the petitionet is a customer I t : Jl -\ and she clearly stat willingness to do s (_, Furthermore, there i had knowledge and/or t trafficked for the Purpos required to constitute the not made out against the petitioner he reason to believe that the woman was e of prostitution Therefore ' the ingredients offences under Section s M3' fta(2) of IPC is

12. ln view of the above discussion and having considered the fact that the petitioner-accused No'4 had no knowledge 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 4 amounts to abuse of process of law' therefore' the proceedings against the petitioner-accused No'4 are liable to be quashed.

13. Accordingly' this Criminal Petition is allowed and the proceedings against the petitioner-accused No'4 in FIR No 54 of 2025 on the file of the Station House Officer' S R Nagar Police Station' Hyderabad, are herebY quashed' As a sequel, pending miscellaneous applications' if any' shall stand closed. //TRUE COPY// sd/- A.V.S. PRASAD REGISTRAR ASSIS E TION OFFICER To, t The ttt Additionat Chief Judiciat Magistrale ' Hyderabad 2. The Statrcn House Officer, S.R Nagar Police Station, Hvderabad Iy."":f.:i'&',rlic Prosecutor, one cc to SRr NAGEsT*oo o^^ :, , ^ : Two cD copies Hish courrror rhe siate AR RAo PUJARI, Advor:ate [opLJCi 'ic t'i rrate of rerangana at w J

4. q DLtgh S.i,Siri',, H,GH COURT DATED:04t02t2025 \ ORDER CRLP.No.1363 ot 2O2S b l: 1r 1u€ .S 14 \1o I' e) l vi'\! f i cl,', p:y6 !r-.r;,arcurr, ..i: _--iF? t ) (I-z a * , C I I I I ALLOTTING THE CRIMINAL PETITION l) f 4' h 6 /