The High Court · 2025

stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to call for the records relating to proceedings in Crime 757 ol 2O22 in SC No.390 of 2O23 of PS Hayathnagar on the file of principal Senior Civil Judge at LB Nagar, Rangareddy District, registered the case against the petitioner 370 A (2) OF IPC & Sec 3, 4, 5 of Prevention of lmmoral of Trafficking Act-1956 pending against the Petitioner/Accused No.3 and quash the same as illegal. l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the lMemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in Crime 757 ot 2022 in SC No.390 of 2023 of PS Hayathnagar on the file of Principal Senior Civil Judge at LB Nagar, Rangareddy District, registered the case against the petitioner 370 A (2) of lpC and Sec 3, 4, 5 of Prevention of lmmoral of trafficking act-'l956 pending against the Petitioner/Accused No.3. This Petition coming on for hearing, upon perusing the [Vlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Pothamshetti Manoj Kumar, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent. The Court made the following Order : THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.1639 of 2 025 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNSS') by the petitioner- accused No.3 to quash the proceedings against him in S.C.No.390 of 2023 pending on the file of the learned Principal Senior Civil Judge- cum-Assistant Sessions Judge, Rangareddy District at LB Nagar. The offences alleged against the petitioners are under Section 370(AX2) of the lndian Penal Code (for short 'lPC') and Sections 3, 4 and 5 of the lmmoral Traffic (Prevention) Act, '1 956 (for short'the Act').

02. Heard Sri Pothamshetti Manoj Kumar, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State-respondent No.1 and perused the record.

03. ln brief, the case of the prosecution is that the Police, Hayathnagar Police Station received credible information about running of brothel house and raided the premises at H.No.269, Opp: Mother Diary Shubodaya Colony, Hayathnagar and found that accused No.1 was organizing brothel house and petitioner-accused No.3 is the customer of the said brothel house.

04. Learned counsel for petitioner submitted that the woman who was found with the petitioner-accused No.3 is not a trafficked woman \-r 2 and petitioner is nothing to do with the alleged offences' The ingredientr; of the offence under Section 370(4)(2) 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 petltioner. Learned Additional Public Prosecutor for the state submitted

05. that there are specific allegations against the petitioner and the truth or otherwise would come out only after conducting full-fledged trial by the concernecl court below and prayed to dismiss this criminal Petition.

06. ln view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 370 of IPC: "370. 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- E!!SA- using threats, or Secondl using force, or any other form of coercion, by abduction, or Thirdl Eputtfily- by practising fraud, or deception, or fJ!!h!y- by abuse of Power, or by inducement, including the giving or Sixthl receiving of payments or benefits, in order to achieve the consent of any person having control over the I I .,.-\ --=\ 3 person recruited, transported, harboured, transferred or received, commits the offence of trafficking. lanation 1- 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 trafficking. @lWhoever commits the offence of trafficking 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 fine. G/where 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 years but which may extend to imprisonment for life, and shall also be liable to fine. (!)V,'lhere 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 years, but which may extend to imprisonment for life, and shall also be liable to fine. (!)Where the offence involves the trafficking 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. f6)lf a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall 4 mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. fflWhen a public servant or a police officer is involved in the trafficking 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."

07. Section 370(4) of IPC reads as under Exploitation of a trafficked Derson'. (1,|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 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. (!)\Nhoever, 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 fine.

07. As per Sections 370 and 370(A) of lPC, 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'. ln the present case, even according to the prosecution, t-W6-victim stated that she was doing prostitution for the sake of monev. I / -/ 5

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

3. Punishmen t for keeoins a brothel or allowins Dremises fo be used as a brothel. (llAny 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 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 of a 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. @/Any person who- (g,lbeing 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 (Qlbeing 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 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 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 F 5 subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine' (flNotwithstanding 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 livinqonth e earninqs of prostitution. (l,lAny 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. (])\Nhere any person is Proved- (q,lto be living with, or lo be habitually in the company of, a prostitute; or (D,lto have exercised control, direction or influence over the rrovements of a prostitute in such a manner as to show'that such person is aiding, abetting or compelling her prostitution; or (Elto 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 / 7 meaning of sub-section (1):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. Procurino, inducino or takinq woman or qirl for the sake of prostitution. (!/Any person who- @.,lprocures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or (&,,linduces a woman 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 (g,ltakes 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 @llcauses 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. (!)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. B/An offence under this section shall be triable- o (glin the place from which a woman or girl is procured, induced to go, taken or caused to be taken or from whicl' an attempt to procure or take such woman or girl is made; or (0,lin 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.

09. 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 is no allegation 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 on hand, as per the case of pr6s""rt'on, the sole allegation against petitioner-accused No.3 is that he is the customer. Therefore, the allegation against the petitioner does not constitute the offences under Sections 3, 4 and 5 of the Act.

10. As seen from the entire case record, the victim joined brothel house and given her 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 that the petitioner had I knowredge and/or the reason to berieve that the woman was trafficked for the purpose of prostitution. Therefore, the ingredients required for constituting the offence under section 370(AX2) of rpc are not made out against the petitioner. 11' rn view of the above discussion and having considered the fact that the petitioner-accused No.3 had no knowredge that the woman was trafficked for the purpose of prostitution, this court is of the considered view that the continuation of the proceedings against the petitioner- accused No.3 amounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.3 is riable to be quashed. 12. Accordingly, this Criminal petition is ailowed and the proceedings against the petitioner-accused No.3 in S.C.No.390 of 2023 pending on the file of the learned principal Senior Civil Judge_cum_ Assistant Sessions Judge, Rangareddy District at LB Nagar, are hereby quashed. \ To, Sd/. N. SRIHARI ASSISTANT REGIS RAR //TRUE COPY// sEcTtoN oFFICER

1. The Principal Senior.Civil Judge-cum-Assistant Sessions Judge, Ranga Reddy Dis.trict at LB Nagar

2. The XXlv Additionar Metroporitan Magistrate cyberabad at Hayathnagar 3. The Station House Officer, Hayathnagar pS, Rachakonda Diskict 4. Two ccs to the Pubric prosecutor, High court for the State of rerangana, Hyderabad [OUT]

5. One CC to Sri Pothamshetti [Vlanoj Kumar, Advocate tOpUC] 6^ Trruo CD Cooies ,,NW HIGH COURT DATED:0610212025 l ORDER CRLP.No.1639 of 2025'' oF lEt f e .$' ,'at$ \\ J Ii,I + :.;/ )' .)\ a,,i O LL l,t_ \ ,)- \\ ALLOWING THE CRLP LD ,H^