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 call for records and to quash the proceedings against Petitioner/Accused no.2 in Crime No. 123012O24 U/s 143, 144 (2) BNS and Sec 3, 4, 5, 6 of PIT Act 1956 on the file of lll AJCJ CUM XIV Judicial Magistrate of First Class, Medchal Malkajgiri At Kukatpally. 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 against Petitioner/Accused no.2 in Crime No. 123012024 U/s 143, 144 (2) BNS & Sec. 3, 4, 5, 6 of PIT Act 1956 on the file of lll AJCJ CUM XIV Judicial Magistrate of First Class, illedchal Malkajgiri At Kukatpallyt, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAMESH KADARI, Adyocate for the Petitioner and Sri Jithender Rao Veeramalla the Public Prosecutor (TG) 6n behalf of the Respondents No.'1 and 2- The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI CRIMINA LPETITION No.1 997 of 2025 ORDER This Criminal petition is filed by the petitioner_accused No.2 to quash the proceedings against him in crime/FrR No.1230 of 2024 on the file of the Station House Officer, Jagadgirigutta Police Station, Cyberabad The offences alleged against petitioner are under Sections 143, 144(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ,BNS,) (Sections 370, 370(4) of the lndian Penal code) and Sections 3, 4, s,6 of the rmmorar rraffic (Prevention) Act, 1956 (for short ,the Act,).

02. Heard Sri Ramesh Kadari, learned counsel for petitioner and Sn Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State

03. ln brief, the case of the prosecution is that the police, received credible information about running of brothel house and raided the premises at H.No.4-32-403, N7,2nd floor, Allwyn Colony, Phase-1, Jagadgirigutta and found that accused No.1 was organizing brothel house and petitioner_accused No.2 is the customer of the said brothel house. 2

04. Learned counsel for petitioner submitted that the woman who was found with petitioner is not a trafficked woman and petitioner is nothing to do with the alleged offences. The ingredients of the offence under Sections 143, 144(2) of BNS and Sections 3, 4, 5, 6 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 public prosecutor for the State submitted that there are specific allegations against 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. ln view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 143 of BNS: "143. Trafficking of a Person: (l)Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a perion or persons, by- Firstlv- using threats, or Secondl using force, or any other form of coercion, Thirdlv- by abduction, or Foutthl by practising fraud, or deception, or 3 Fiftht by abuse of power, or Sixthl 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, transpoded, 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 exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs. Explana tion 2- The consent of the victim is immaterial in determination of the offence of trafficking. .. (!)Whoever commits the offence of trafficking shalt be punished with rigorous imprisonment for a term which shall not be /ess than seven years, but which may extend to ten years, and shall a/so be liabte to fine (!)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 tife, and shall also be liable to fine. (!)Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be /ess 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, rt shall be punishable with igorous imprisonment for a term which shall not be tess than 4 fourteen years, but which may extend to imprisonment for life, and shall atso be tiable to fine. [!)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 tife, which shail mean imprisonment for the remainder of that person,s natural life, and shatt also be liabte to fine. (!)When a public servant or a police officer is invotved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean impisonment for the remainder of that person's natural life, and shall also be tiable to fine.,,.

07. Section 144 of BNS reads as under: Exploita tion of a trafficked person: (!)Whoever, knowingly or having reason to betieve that a child has been trafficked, engages such child for sexual exploitation in any manner, shalt be punished with igorous imprisonment for a term which shalt not be /ess fhan five years, but which may extend to seven years, and shall also be liable to fine. (!)Whoever, knowingly by or having reason to betieve that a person has been trafficked, engages such person for sexual exploitation in any manner, shail be punished with igorous imprisonment for a term which shall not be /ess than three 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 of coercion or abduction by 5 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, 5, 6 of the Act, the provisions in detail are extracted below

3. Punishment for keepinq a brothel or allowinq premises to be used as a brothel. O)Any person who keeps or manages, or acts or asslsts in the keeping or management of, a Orotnet stiitt be punishable on first conviction with rigorous imprisonment for a term of nol /ess 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 nol /ess than tvvo years and not more than five years and also with fine which may extend to two thousand rupees. (!)Any person who- (a)being the tenant. /essee. occupier or person in charge of any premises. uses, or knowingly allows any other person to sue, such premises or any paft thereof as a brothel. or (b)being the owner, /essor or landlord of any premises or the agent of such owner, lessor or landlord, tets the same or any paft thereof with the knowledge that the same or any parl thereot is intended lo be used as a 6 brothel, or is wilfully a pafty to the use of such premlses or any pad thereof as a brothel. Shatt be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which may extend to tvvo 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. (l)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 premlses or any paft thereof, any lease or agreemen( 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 livinq on the earninos of prostitution. tilAny person over the age of eighteen years who knowingly lives, wholly or in paft, on the eamings of the prostitution of a woman or girl shail 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. (llWhere any person is proved- {e)to be living with, or to be habituaily in the company of, a prostitute; or (!)to have exercised control, direction or influence over the movements of a prostitute in such a manner as to 7 show that such person is aiding, abetting or compelling her prostitution; or (s)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 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 takinq woman or qirl for the sake of (l)Any person who- (g)procures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of rostitution. prostitution; or (ilinduces 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 (s)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 nof /ess 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 secflon a person shall be a punishable with ngorous imprisonment for a term of not /ess fhan two years and not more than five years and also with fine which may extend to two thousand rupees. (!)An offence under this section shatt be triabte_ (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. 6.Detainin g a woman or qirl in o remises where prostitution is carried on. (!)Any person who detains any woman or gil, whether with or without her consent,- (g)in any brothel, or (p)in or upon any premlses with intent that she may have sexual intercourse with any man other than her lavvful husband, shall be punishable on first conviction with igorous 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. (!)On a second or subsequent conviction for an offence under this section a person shall be punishable with rigorous imprisonment for a term of nof /ess than two years and not more than five years and also with fine which may extend to two thousand rupees. (!)A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose 9 of sexual inter-course with a man other than her lavvful husband, if such person, with intent to compel or induce her to remain there,- (a)withholds from her any jewellery, weaing apparel, money or other property belonging to her, or (b)threatens her with legal proceedings lf she lakes away with her any jewellery, weaing apparel, money or other property lent or supplied to her by or by the direction of such person. (!)Notwithstanding any law to the contrary, no suit, prosecutton or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other propedy alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the recovery of any money alleged to be payable by such woman or girl. '10. The Sections 3, 4, 5, 6 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 prostrtution; punishment for detaining a woman or girl in premises where prostitution is carried on. 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, or he detained the victim in the premises where I 10 (-. prostitution is carried on. ln the present case on hand, as per the case of prosecution, the sole allegation against petitioner_ accused No.2 is that he is a customer. Therefore, the allegation against the petitioner does not constitute the offences under Sections 3, 4, 5, 6 of the Act. 11 As seen from the entire case record, including the ", contents of FlR, the victim disclosed that the petitioner is a customer and she clearly stated that she joined brothel house and given her willingness to do sex with the customers for.the sake of money. Furthermore, there is no allegation in the FIR that the petitioner herein had knowledge and/or the reason to believe that the woman was trafficked for the purpose of prostitution. Therefore, the ingredients required to constitute the offences under Sections 143, 144(2) of lpC is not made out against the petitioner. '12. ln view of the above discussion and having considered the fact that the petitioner-accused 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.2 amounts to abuse of process of law, therefore, the proceedings against the petitioner_ accused No.2 are liable to be quashed. a =--a:Jr- | 11

13. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.2 in Crime/FIR No.1230 of 2024 on the file of the Station House Officer, Jagadgirigutta Police Station, Cyberabad, are hereby quashed As a sequel, pending miscellaneous applications, if any, shall stand closed //TRUE COPY// Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR 1 \Y.., ON OFFICER To,

1. The lll Addl Junior Civil Judgem cum XIV Judicial Magistrate of First Class, Medchal Malkajgiri at Kukatpally.

2. The Station House Officer, Police Station, Jagadgirigutta 3. Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT) 4. One CC to SRI RAMESH KADARI Advocate [OPUC] 5. Two CD Copies ,pk $ HIGH COURT DATED:1710212025 ORDER CRLP.No.1997 of 2025 ,/t1 ,,,ti i:7 //^,+ 4r€ c J o 0 I ir,f,? ?[25 a t DFc-a r cr ..? CRIMINAL PETITION ALLOWED @@ l *e-' 6te\.r