The High Court · 2025

lfq Stgle .of Telanga.na,. Rep by its Pubtic prosecutor, High Court for the State of Telangana at Hyderabad. rhe,,state Police,^Through Sri y Sukhender Reddy, .ro ,nrol53l3t-Bi}"] Madhapur Police Station, Cyberabad. ...RESPONDENT/DEFACTO COMPLAINANTS Petition under section 528 of B.N.s.s., praying that in the circumstances stated in the [Vlemorandum of Grounds of criminal petition, the High courl may be pleased to quash the chargesheet against the petitioner / Accused No. 2 in P.R.C No. 70 of 2024 on the file of ll Additional Junior Civil Judge_cum_X Additional Judicial lVlagistrate of First ctass, Ranga Reddy District at Kukltpally. l.A. NO: 2 OF 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 in p.R.c No. 70 of 2024 in the file of It Additional Junior civil Judge-cum-X Addltional Judicial Magistrate of First class, Ranga Reddy District at Kukatpally, pending disposal of the criminal petition. This Petition coming on for hearing, upon perusing.the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri RAMUNIGARI VAMSHt KRISHNA, Advocate for the petitioners and the Additionat 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 7 n ORDER: HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.1728 of 2O25 This Criminal Petition is filed under Section 528 of Bharatiya Nagarik o Suraksha Sanhitha, 2023 (for short 'BNSS'), seeking to quash the proceedings against the petitioner-accused No.2 in P.R.C.No.70 of 2024 on the file of the ll Additional Junior Civil Judge-cum-X Additional Judicial ltlagistrate of First Class, Ranga Reddy District at Kukatpally, registered for the offences punishable under Sections 370(4)(2) of IPC and Sections 3 to 5 of the lmmoral Traffic (Prevention) Act, 1956 (for short 'Act')

2. Heard Sri R.\'amshi Krishna, Iearned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State and perused the record

3. The case of the prosecution, in brief, is that, on receiving credible information about rurrning of prostitution, the Police, Madhapur, raided the premises i.e., OYO, Hotel lnfinity, [Vlirras Complex, Cyber Hills Colony, Sarojini Naidu Nagar, Guttalabegumpet, trladhapur, and found the petitioner-accused N<1.2 in the capacity of 'customer'. Basing on the said complaint, a case in Crime No.'1214 of 2Q22 was registered against the accused and after completion of investigation, charge sheet was filed, cognizance was taken and the case was numbered as P.R.C.No.70 o'f 2024 by the learned Magistrate. t l I 2 4' Learned counser for the petitioner wourd submit that though the petitioner is innocent, he was falsely implicated in the subject crime. The victim woman who was found in the premises was not a trafficked woman and since the petitioner was a 'customer', the offences aileged against him are not at all attracted. Hence, he prayed to quash the proceedings against the petitioner.

5. on the other hand, rearned Additionar pubric 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, prayed to dismiss the criminal petition.

6. For the sake of convenience, Sections 370 and 370(4) of lpC and Sections 3 to 5 of the Act are extracted hereunder: by practising fraud, or deception, or using force, or any other form of coercion, or *370. Trafficking of a Person: (1)Whoever, for the purpose of exploitation, (a) recruits, (b) transporls, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- Firstlv- using threats, or Secondl Thirdlv- by abduction, or Fourthl Fifthlv- by abuse of power, or Sixthlv- 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 exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs. nJ Iry l1 I i i I I ! I I i 3 Explanation 2- The consent of the victim is itnmaterial in determinetion of the offence of trafficking. (!)Whoever commits the offence of trafficking shall be punished with rigorcus imprisonment for a term which shall nol be /ess than seven years, but which may extend to ten years, and shall also be liuble to fine. (gwhere the offence involves the trafficking of more than one person it shall be punishable with rigorous imprisonment for a term whir:h shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. {4)Where the offence involves the trafficking of a ntinor, it shall be punishable witl) ngorous imprisonment for a teim which shall not ber ,'ess than len years, but which may extend to imprisonntent for life, and shall also be liable to fine (!)Where the offence involves the trafficking of more than one minor, it .;hall be punishable with rigorous imprisannrcnt for a term wltich shall not be less than fourteen years, but t lhich may extend to imprisonment for life. and shall also be liable to fine ( lf a r)e"son $ convicted of the offence of trafficking of minor on mare than one occasrcn, then such person shall be punishr:d with impnsonment for life, which shall mean imprisonnrcnt for the remainder of that person's natural life, and shall also be liable to ftne. (f)Wlrcn a publtc seNant or a police officer is involved in the trafficktng of any person then, such public servant or police officer shlll be punished with imprisonment for life. which shall mean trnprisonment for the remainder of that person's natural life. and shall also be liable to fine." Section :170(A) of IPC reads as under: tion of a trafficked person (l)Whoe'ver. knowingly or having reason to belietre that a minor has been trafficked, engages such minor for sexual explotalion in any manner, shall be punished with rigorous imprisor,ment for a term which shall nol be /ess than five years b'tt which may extend to seven years, and .shall also be liable to fine. (2)Wlto(,ver. knowingly by or having reason to believe that a person nas been trafficked, engages such person for sexual explolalion in any manner, shall be punished with rigorous imprisor,tnent for a term which shall nol be /ess than three years but which may extend to five years, and shall also be liable to fine. T i 4

3. Punishment for keeping a brothet or allowing premises fo be used as a brothel. (1)Any person who keeps or manages, or acts or assrsls rn the keeping or management of, a brothel shalt be punishable on first conviction with rigorous imprisonment for a term of not iess lhan 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 /ess than 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 paft thereof as a brothel, o(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 knowledge that the same or any paft thereof is intended to be used as a brothel, or is willfully a pafty to the use of such premlses or any paft thereof as a brothel. Sha be punishabte 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 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 paft 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 prostitittion. (1)Any person over the age of eighteen years who knowingly lives, wholly or in paft, on the earnings of the prostitution of a woman or girl shall be punishable wilh 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 nlovements of a prostitute in such a manner as to show that ! 3:5?w ( 5 such person is aiding, abetting or compelling her prostitution; (c)to be itcting 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 daughler of a prostitute, if the son or daughter is below the age of eig,hteen 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 wi;hout her consent, for the purpose of prostitution; or (b)induce; a woman or girl to go from any place, with the intent that she rnay for the purpose of prostitution become the inmate of. or frequent, a brothel; or (c)takes or attempts to take a woman or girl, or causes a woman o" girl to be taken, from one place to another with a view tr> her carrying on, or being brought up to ,:arry on prostitution, or (d)causes or induces a woman or girl to carry on prostitution; shall be punishable on first conviction with rigorous imprisonntent for a term of not less than one year and not more than two years and also with fine which mav extend to two thousznd rupees. (2)ln the event of a second or subsequent conviction of an offence under thls secllon a person shatl be punishable with rigorous imprisonment for a term of nol /ess than two years and not t\ore than five years and also with fine which may extend to two thousand rupees. (3)An affence under this section shall be triable-(a)in the ptace from whic,l 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 wontan or girl is made; o(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."

7. To invoke the provision of law under Section 370(A)(2) of lpC, there should be proof to s;how that trafficking of a person and engagement of such person for sexual exploitation by any one, knowingly or having reason { i 6 to believe that such person has been trafficked. So, it is for the prosecution to bring on record the evidence that there is a reason inter atia to believe that the victims are trafficked by engaged persons for sexual exploitation. ln the present case, since no material is produced by the prosecution to prove that the victim woman was trafficked, she was engaged for sexual exploitation and as the petitioner had no knowledge that the victim woman was trafficked for the purpose of prostitution, the proceedings against the petitioner for the offence under Section 370(AX2) of lPC, are liable to be quashed. B. 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 againsi 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 also liable to be quashed.

9. ln view of the aforesaid discussion, the proceedings against the petitioner-accused No.2 in P.R.C.No.70 of 2024 on the file of the ll -.:t, ' 7 Additional Junior civil Judge-cum-X Additional Judicial t\4agistrate of First Class, Ranga Reddy, District at Kukatpally, are hereby quashed.

10. Accordingly, this Criminal petition is allowed Pending miscerllaneous applications, if any, shall stand closed //TRUE COPY// Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR SECTION OFFICER To PR Class Ranga Reddy District at Kukatpally

1. The ll Additional Junior civil Judge-cum-Additional Judicial Magistrate of First 2 i;;si;t,;; Hori"bri"et Madhapui P6lice station, c^vberabad, 5. r*o cc. to th<, public prosecutor, High court for the state ot tetangana ar 4. oi,;-bCi; Sni irnrvruNlcnRl vAMSHI KRISHNA, Advocate [oPUC] 5. Two CD CoPiers \+- Hyderabad (OtJT) a HIGH COURT DATED: 0710212025 ORDER CRLP.No.1728 ot 2025 \,, .r \ .:)- ALLO WING (P, THE CRL.PETITION \6 y,iL S I A,C .,' Jf- ,;r. ). G( 2 6 ilAB 2025 I it*