The High Court · 2025

2. Sri. P. Veeraswamy, S/o Not known to the petitioner' Aged rylaj91 Occ:.S l of Police. Vanasthaipirram Police Station, Cyberabad, Ranga Reddy District' .,.RESPONDENTS/COMPLAINANT Petition under section 528 of B.N.S.S., praying that in the circumstances stated in the lVlemorandum of Grounds of criminal Petition, the High court may be pleased to call for the records relating to cc No.'1422 of 2O14 on the file of vll Metropolitan Magistrate cyberabad at Hayathnagar and quash the same in so far as Petitioner/A-3 is concerned. l.A. NO: 2OF 2025 Petition under Section 528 of B.N.S.S., 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 appearance of the petitioner/A-3 in cc No.1422 of 2014 on the file of Vll Metropolitan Magistrate Cyberabad at Hayathnagar, pending disposal of the present quash petition' I This Petition coming on for hearing, upon perusing the [\{emorandum of Grounds of criminar Petition and upon hearing the arguments of sri BALA MURALI Y, Advocate for the petitioner and of sri Jithender Rao r/eeramalla, the Additional Public Prosecutor for the State of relangana on behalf of the Respondent No,1 and None Appeared for the Respondent No.2. The Court made the following: ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.1599 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.3 in C.C.No.1422 ot 2014 on the file of Vll t\4etropolitan Magistrate, Cyberabad at Hayatnagar, pertaining to Crime No.952 of 2014 of P.S. Vanasthalipuram, registered for the offences punishable under Sections 3 to 5 of the lmmoral Traffic (Prevention) Act, 1956 (for short 'Act'). 2 Heard Sri Y.Bala fvlurali, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State and perused the record.

3. ln brief, the case of the prosecution is that the Police, Vansthalipuram Police Station received credible information about running received credible information about running of brothel house and raided the premises at Plot No.62B, NGOs Colony, Vanasthalipuram and found that accused Nos.1 and 2 were organizing brothel house and petitioner-accused No.3 is the customer of the said brothel house.

4. Learned coltnsel for the petitioner would submit that though the petitioner is innocent, he has been falsely implicated in the subject 2 cnme Since the petitioner was found at the premises in the capacity of 'customer', the offences aileged against him are not at ail attracted. Hence, he prayed to quash the proceedings against the petitioner.

5. On the other hand, learned Additional public prosecutor submitted that there are specific allegations against the petitioner and the truth or otherwise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the Sessions Court, and hence, he prayed to dismiss the criminal petition.

6. For the sake of convenience, Sections 3 to 5 of rthe Act are extracted hereunder:

3. Punishment for keeping a brothel or allowing premises to be used as a brothel. (1)Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorour; imprisonment for a term of not less than one year and not more than three years and also with finer which may extend to two thousand rupees and in the event of a second or subsequent conviction, witr rigorous imprisonment for a term of not less tharr two years and not more than five years and also with fine which may extend to two thousand rupees.(2)Any person who-(a)being 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(b)being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord. lets the same or any part thereof with the -.- 3 knowledge that the same or any part thereof is intended to be used as a brothel, or is willfully a party to the use of such premises or any part thereof as a brothel. Shall be punishable on flrst conviction with imprisonment for a term which may extend to two years and with fine which may 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. (3)Notwithstanding 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 and inoperative with effect from the date of the said conviction. 4. Punishment for living on the earnings of prostitution. (1)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 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- (a)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 her prostitution; or (c)to 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 prostitution of another person within the meaning of sub-section (1):Provided that no such 4 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. Procuring, inducing or taking woman or girl for the sake of prostitution. ('1 )Any person who- (a)procures or attempts to procure a woman or girl whether with or without her consent, for the purpose, of prostitution; or (b)induces a woman or girl to go from any place, with the intent that she may for the purpose 01' prostitution become the inmate of, or frequent, a brothel; or (c)takes or attempts to take a woman or girl, or causes a woman or 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 alsc 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 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 fine which may extend to two thousand rupees. (3)An offence under this section shall be triable-(a)in 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(b)in 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." / 5

7. Sections 3, 4 and 5 of the Act prescribe punishment for keeping brothel in the premises and living on the earnings of the prostitution and inducing the trafficked person for the sake of prostitution. ln the instant case, on a perusal of the material on record, it is evident that there are no specific allegations against the petitioner that he is running the brothel house, or he is living on the earnings of prostitution, or he has procured woman for doing prostitution and to prove the same, no material is produced by the prosecution. The only allegation against the petitioner is that he was found at the premises in the capacity of 'customer', hence' the proceedings against the petitioner for the offences under Sections 3 to 5 of the Act, are liable to be quashed. B. ln view of the aforesaid discussion, the proceedings against the petitioner/accused No.3 in C.C.No.1422 of 2014 on the file of Vll Metropolitan Magistrate, Cyberabad at Hayatnagar, are hereby quashed.

9. Accordingly, this Criminal Petition is allowed Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. MOHD. ISMAIL, ASSIST NT REGISTRAR. SECTION OFFICER

1. The Vll Metropolitan Magistrate, Cyberabad at Hayathnagar: . i. fft" Stution H'ouse OfficEr, Vanasthaipuram Police Station' Cyberabad' a. i*o-cc. to irre puotic prosecutor, High court for the state of Telangana at Ranga ReddY Diskict. Hvderabad (OUT) oill-c-C i. 5at. enln MURALI Y Advocate [oPUC] Two CD Copies 4 5 r \ To HIGH COURT DATED: 0510212025 f ORDER CRLP.No.1599 of 2025 '\r t\ a,. ,\ .$' ,.: (t ii1 t*s 3IH + ALLOWING THE CRL.PETITION

2. Sri. P. Veeraswamy, S/o Not known to the petitioner' Aged rylaj91 Occ:.S l of Police. Vanasthaipirram Police Station, Cyberabad, Ranga Reddy District' .,.RESPONDENTS/COMPLAINANT Petition under section 528 of B.N.S.S., praying that in the circumstances stated in the lVlemorandum of Grounds of criminal Petition, the High court may be pleased to call for the records relating to cc No.'1422 of 2O14 on the file of vll Metropolitan Magistrate cyberabad at Hayathnagar and quash the same in so far as Petitioner/A-3 is concerned. l.A. NO: 2OF 2025 Petition under Section 528 of B.N.S.S., 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 appearance of the petitioner/A-3 in cc No.1422 of 2014 on the file of Vll Metropolitan Magistrate Cyberabad at Hayathnagar, pending disposal of the present quash petition' I This Petition coming on for hearing, upon perusing the [\{emorandum of Grounds of criminar Petition and upon hearing the arguments of sri BALA MURALI Y, Advocate for the petitioner and of sri Jithender Rao r/eeramalla, the Additional Public Prosecutor for the State of relangana on behalf of the Respondent No,1 and None Appeared for the Respondent No.2. The Court made the following: ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.1599 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.3 in C.C.No.1422 ot 2014 on the file of Vll t\4etropolitan Magistrate, Cyberabad at Hayatnagar, pertaining to Crime No.952 of 2014 of P.S. Vanasthalipuram, registered for the offences punishable under Sections 3 to 5 of the lmmoral Traffic (Prevention) Act, 1956 (for short 'Act'). 2 Heard Sri Y.Bala fvlurali, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State and perused the record.

3. ln brief, the case of the prosecution is that the Police, Vansthalipuram Police Station received credible information about running received credible information about running of brothel house and raided the premises at Plot No.62B, NGOs Colony, Vanasthalipuram and found that accused Nos.1 and 2 were organizing brothel house and petitioner-accused No.3 is the customer of the said brothel house.

4. Learned coltnsel for the petitioner would submit that though the petitioner is innocent, he has been falsely implicated in the subject 2 cnme Since the petitioner was found at the premises in the capacity of 'customer', the offences aileged against him are not at ail attracted. Hence, he prayed to quash the proceedings against the petitioner.

5. On the other hand, learned Additional public prosecutor submitted that there are specific allegations against the petitioner and the truth or otherwise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the Sessions Court, and hence, he prayed to dismiss the criminal petition.

6. For the sake of convenience, Sections 3 to 5 of rthe Act are extracted hereunder:

3. Punishment for keeping a brothel or allowing premises to be used as a brothel. (1)Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorour; imprisonment for a term of not less than one year and not more than three years and also with finer which may extend to two thousand rupees and in the event of a second or subsequent conviction, witr rigorous imprisonment for a term of not less tharr two years and not more than five years and also with fine which may extend to two thousand rupees.(2)Any person who-(a)being 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(b)being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord. lets the same or any part thereof with the -.- 3 knowledge that the same or any part thereof is intended to be used as a brothel, or is willfully a party to the use of such premises or any part thereof as a brothel. Shall be punishable on flrst conviction with imprisonment for a term which may extend to two years and with fine which may 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. (3)Notwithstanding 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 and inoperative with effect from the date of the said conviction. 4. Punishment for living on the earnings of prostitution. (1)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 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- (a)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 her prostitution; or (c)to 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 prostitution of another person within the meaning of sub-section (1):Provided that no such 4 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. Procuring, inducing or taking woman or girl for the sake of prostitution. ('1 )Any person who- (a)procures or attempts to procure a woman or girl whether with or without her consent, for the purpose, of prostitution; or (b)induces a woman or girl to go from any place, with the intent that she may for the purpose 01' prostitution become the inmate of, or frequent, a brothel; or (c)takes or attempts to take a woman or girl, or causes a woman or 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 alsc 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 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 fine which may extend to two thousand rupees. (3)An offence under this section shall be triable-(a)in 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(b)in 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." / 5

7. Sections 3, 4 and 5 of the Act prescribe punishment for keeping brothel in the premises and living on the earnings of the prostitution and inducing the trafficked person for the sake of prostitution. ln the instant case, on a perusal of the material on record, it is evident that there are no specific allegations against the petitioner that he is running the brothel house, or he is living on the earnings of prostitution, or he has procured woman for doing prostitution and to prove the same, no material is produced by the prosecution. The only allegation against the petitioner is that he was found at the premises in the capacity of 'customer', hence' the proceedings against the petitioner for the offences under Sections 3 to 5 of the Act, are liable to be quashed. B. ln view of the aforesaid discussion, the proceedings against the petitioner/accused No.3 in C.C.No.1422 of 2014 on the file of Vll Metropolitan Magistrate, Cyberabad at Hayatnagar, are hereby quashed.

9. Accordingly, this Criminal Petition is allowed Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. MOHD. ISMAIL, ASSIST NT REGISTRAR. SECTION OFFICER

1. The Vll Metropolitan Magistrate, Cyberabad at Hayathnagar: . i. fft" Stution H'ouse OfficEr, Vanasthaipuram Police Station' Cyberabad' a. i*o-cc. to irre puotic prosecutor, High court for the state of Telangana at Ranga ReddY Diskict. Hvderabad (OUT) oill-c-C i. 5at. enln MURALI Y Advocate [oPUC] Two CD Copies 4 5 r \ To HIGH COURT DATED: 0510212025 f ORDER CRLP.No.1599 of 2025 '\r t\ a,. ,\ .$' ,.: (t ii1 t*s 3IH + ALLOWING THE CRL.PETITION