The 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 stay all further proceedings in S.C. No.30 of 2024 on the file Hon'ble Senior Civil Judge Cum V Additional Chief Judicial Magistrate, Ranga Reddy District, At Kukatpally against the Petitioner no.5 /Accused No.5 including the personal appearance of the Petitioners no.5 /Accused No. 5, 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 Baglekar Akash Kumar, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.1786 ot 2025 ORD ER This Criminal petition is filed by the petiticner_accused No.5 to quash the proceedings against him in S.C.No 30 of 2024 on the file of the learned Senior Civil ,Judge_cum_V Additional Chief Judicial Magistrate, Rangareddy District at Kukatpally The offences alleged against the petitioner are under Sections 370(A)(ii) of the lndian penal Code (for short 'lPC') and 3, 4, S,6 of the lmmoral Traffic (prevention) Act, 1956 (for short'the Act,).

02. Heard Sri Baglekar Akash Kumar, learned counser for petitioner and Sri Jithender Rao Veeramaila, learned Additional public prosecutor for the State,.

03. ln brief, the case of the prosecution is that the Police, received credible information about runnirrg of brothel house and raided the premises at plot No.402, Frlat No. 102, H.No.2-3081/C2 Srikrishna Anex, JV Colony, Gachibowli, Serilingampally, Rangareddy District and found that the accused Nos.1 to 4 were organizing brothel house and 2 petitioner-accused No.5 is the customer of the said brothel house.

04. Learned counsel for peiltioner submitted that the woman who was found with petitioner_accused No.5, is not a trafficked woman and the petitioner is nothing to do with the alleged offences. The ingredients of the offence under Sections 370(AXii) of IpC and 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 the 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 370 of IPC: "370. Trafficking of a Person: ('l)Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- / 3 Firstlv- using threats, or Second/ using force, or any other form of coercion, ot' Thirdl by abduction, or by practising fraud, or deception, 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 EXplanation 2-The consent of the victim is immaterial in determination of the offence of trafficking. @lWhoever commits the offence of traffickingt 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. @/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. (!)\Nhere 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, brut which ./ ./ 4 may extend to imprisonment for life, and shall also be liable to fine. lflWhere 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. /6)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 mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. @When 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(A) of IPC reads as under Exploitation of a trafficked person (l)Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exptoitation 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. @lWhoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitdtion in any manner, shall be punished with rigorous imprisonment for a term which shall not be 5 less than three years, but which may extend to five years, and shall also be liable to fine.

08. As per Sections 370 and 370(4) of lPC, any person by using threat or force or any form ,cf coercion or abduction by practicing fraud or deception or by abusing of power or by inducing can only be termed as a 'trafficked person'. In the present case, even according to the prosecution, the victim was doing prostitution for the sake of

09. Now coming to Sections 3, 4, 5, 6 of,the Act, the provisions in detail are extracted below

3. Punishment for keepinsab rothel or allowinq Dremises to be used as a brothel. (llAny person who keeps or manages, or acts or assists in the keeping or management of, a brrothel 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. @lAny person who- 5 (4,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 (!,lbeing the owner, Iessor 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 subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine. @lNotwithstanding 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 livinq on the earninqs of prostitution. (!,lAny person over the age of eighteen years who knowingly lives, wholly or in part, on lhe earnings of the prostitution of a woman or girl shall be punishable with imprisonment for a term which may extend to two years, l or with fine which may extend to one thousand rupees, or with both. (2)Where any person is proved- (4lto be living with, or to be habitually in the company of, a prostitute; or (!,lto 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 (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 meaning of sub-section (1):Provided that no such presumption shall be drawn in the case of L 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 girl for the sake of prostitution. (!,lAny person who- /a]procures or attempts to procure a wornan 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 of prostitution become the inmate of, or frequent, a brothel; or (q,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 8 t'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. (!)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. @)An offence under this section shall be triable- (glin 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 (O,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. 6.Detainin q a woman or qirl in premises where Drostitution is carried on. (l)Any person who detains any woman or girl, whether with or without her consent,- (g)in any brothel, or (p)in or upon any premises with intent that she may have sexual intercourse with any man other than her laMul husband, 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. 9 (!)On a second or subsequent conviction for 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. @/A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual inter-course with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,- (q,,lwithholds from her any jewellery, wearing apparel, money or other property belonging to her, or /b)threatens her with legal proceedings if she takes away with her any jewellery, wearing 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, prosecution or other legal proceeding shall ile 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 property 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 A<t deals with regard to punishment for keeping a brothel or allowing premises to be used as a brothel, punishment for living on -/' 10 the earnings of prostitution; punishment for procuring, inducing or taking woman or girl for the sake of prostitution; 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 prostitution is carried on. ln the present case on hand, as per the case of prosecution, the sole allegation against petitioner-accused No.5 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, 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 petitioner had knowledge and/or the reason to believe that the woman was trafficked for the purpose of prostitution. Therefore, the ingredients 11 required for constituting the offence under Section 370(AXii) of IPC are not made out against the petitioner.

12. ln view of the above discussion and having considered the fact that the petitioner-accused No 5 had no knowledge that the woman was trafficked for the purpose of prostitution, this Court ls of the considered view that the continuation of the proceedings against the petitioner- accused No.5 amounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.5 are liable to be quashed

13. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.5 in S.C.No.3O ot 2024 on the file of the learned Senior Civil Judge-cum-V Additional Chief Judicial Magistrate, Rangareddy District at Kukatpally, are hereby quashed As a sequel, pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/. A.V,S. PRASAD AssrsrAii-nEoriiiinF I sHcfro-ru 6rprcen To, 1 The senior civil Judge cum V Additionar chief Judiciar Magrstrate, Ranga Reddy District. At Kukatpailv. politan Magistrate, Cyberabad at Kukatpally. Officer, Gachibowli poiice Station, Cyberabad The Xltt Additional Metro The Station House Comm issionerate. Two CCs to Public prosecutor, High Court for the State of Telangana Hyderabad. (OUT) 9n" 99 to Sri Baglekar Akash Kumar, Advocate IOPUCI Two CD Copies Y,' 3 4 q

6. DL/gh 6 :_L:ri.r.{:t axE! HIGH COURT DATED:07/0212025 a I ) ORDER CRLP.No.1786 of 2025 r"-' l. (( 1 nE ST4 r 6 c .J 15 i' " (la Q-.:'"' { / I I ( r '., I I ALLOWING THE CRIMINAL PETITION c ,\ .{t %