The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Durgaiah, Advocate for the Petitioners and the of Sri Jithender Rao Veeramalla, learned Addl Public Prosecutor (TG) on behalf of the Respondent No.1 and None appeared for the Respondent No.2. The Court made the following: ORDER I I f-: THE HONOURABLE SMT. JUSTICE JIIWADI SRIDEVI CRIMINAL PETITION No.2348 of 2025 : ORDER: This Criminal Petition is filed by petitioner/ accused No.3 seeking to quash the proceedings against him in Crime No.56B of 2024 of Osmania University Police Station on the file of IV Additional Chief Judicial Magistrate at Hyderabad, registered for the offences punishable under Sections 143, 144(21 ,1 1 1 of Bharatiya Nyaya Sarthitha,2023 (for short 'BNS') and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short 'the Act').

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

03. The case of the prosecution is that the Poiice, Osmania University received credible information about running prostitution at H.No.12-13-616, Nagarjuna Nagar, Tarnaka and raided the said house and found that petitioner/ accused No.3 along with other accused were present there and petitioner- accused No.3 is the customer of the said brothei house. I l 2

04. Learned counsel appearing for the petitioner/A3 would submit that even according to the police, the petitioner was a customer, as such, provisions under Sections 3 to 5 of the Act of 1956 are not attracted.

05. On the other hand, learned Additional Public Prosecutor submits that in view of the judgment of this Court in S.Naoeen Kuntar @ Naueen 1). State of Telangana t and also the judgment ol this Court in Criminal Petition No.58O3 of 2018, dated 27.06.2018, the offence under Section 143 of BNS (previously. 37O-A of IPC) is attracted. However, learned Additional Public Prosecutor falrly conceded that the provisions of Sections 3 to 5 of the Act of 1956 are not attracted as far as customer is concerned.

06. In the cases cited by the learned Additional Public Prosecutor, the customers were found in a room along with sex workers. In the present case, one customer was found in the premises. Though there is a mention that the alleged sex worker was present with the customer, however, the name of the petitioner is not mentioned to have been found along u'ith the said sex worker. ' zorslzl eLo 1crt.1rso.* -_ E I 3

07. In view of the above facts and circnmstances of the case, it is relevant to extract the provision under Section 143 of BNS (previously 370 of IPC): "143. 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- Firstht- using threats, or Second using force, or any other form of coercion, by abduction, or Third. Fourthly- by practising fraud, or deception, or Fiffthlu- by abuse of power, or Sixthl-u- 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 olfence of trafficking. Explanation I-- The expression "exploitation' shall inclucle 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- "fhe consent of the victim is immaterial in determination of the offencc of trafficking. t2[\Uhoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be Iess than seven years, but which may extend to ten years, and shall also be liable to fine. {9,fWhere the offence involves the trafficking of more than one person, it shall be punishable with rigorous I I i I 4 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. llfNhere 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 iife, and shall also be liable to line. /flWhere 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 1ife, and shall also be liable to fine. l{[[ 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 1iable to fine. (1[tlhen a public servant or a police officer is involved in the trafhcking of any person then, such public servant or police officcr shall be punished with imprisonment for 1ife, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine ."

08. Section 144 of BNS (previously 370(A) of IPC reads as under: loitation o d. trd. flfWhoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished 5 with rigorous imprisonment for a term which shall not be less than five years, but which may extend to scven years, and shall also be liable to fine. @[Whoever, 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.

09. As per Sections 143 and L44 of BNS (Previously 370 and 370(A) of IPC), any person by using threat or force or any lorm of coercion or abduction by practicing fraud or deception or by abusing of power or by inducing car-r only be termed as a 'trafficked person'. In the present case, even according to the contents of FIR, victim stated that she was doing prostitution for the sake of money. I

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

3. Punishment for keep inq a brothel or allowinq premises to be used. as a brothel. lfJAnv person who keeps or manages, or acts or assists in the kee ping or manage ment of, a brothel shal1 be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not rnore than three years and also wrth {ine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous 6 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. plAny person who- /qfbeing 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, 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 bc uscd as a brothel, or is wilfully a parly to the use of such premises or any part thereof as a brothel. Shal1 be punishable on Iirst 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 extcnd to five years and also with fine. [QJNotwithstanding 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) ol 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 rostitution. liainq on the earninqs of I 1 llJAny person over the age of eighteen years who knowingly 1ives, 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. pfWhere any person is proved- /qfto be living with, or to be habitually in the company of, a prostitute; or @fto have exercised control, direction or influence over the mo\rements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or 19fto. 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 rvithin the meaning of sub-section (l):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 girl for the sake of f!]Any person who- /q/procures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or @finduces a woman or girl to go from any place, with the intent that she may for the purpose of prostitution rostitution. become the inmate of, or frequent, a brothel; or lqftakes or attempts to take a woman or gir1, or causes a woman or girl to be taken, from one place to another I I I I i I I with a view to her carrying on, or being brought up to carry on prostitution; or ft{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. @)In the event of a second or subsequent conviction of an offence under this section a person shal1 bc punishable with rigorous imprisonment for a term of not less than two years and not more than five years and also with hne which may extend to two thousand rupees. p,fAn offence under this section shall be triable- lgfin 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 @jn 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. 1 1. The Sections 3, 4 and 5 of the Act deals with regard to punishment for keeping a brothel or ailowing premises to be used as a brothel, punishment for living on the earnings of prostitution; punishment for procuring, inducing or taking \ 70mar1 0r girl for the sake of prostitution. 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 lor a II 9 doing prostitution. In the present case on hand, as per the case of prosectrtion, the sole allegation against petitioner-accused No.3 is that he is a customer. Therefore, the allegation against the petitioner does not constitute the offences under Sections 3, 4 and 5 of the Act.

12. As seen from the entire case record, including the contents of FIR, that there is no allegation in the FIR that the petitioner herein had knowledge and/or the reason to believe that the \ romarl q,as trafficked for the purpose of prostitution. Therefore, the ingredients required to constitute the offences under Sections i43 and 144 of BNS (Previously 370 and 370(A) of IPC) are not made out against the petitioner

13. In view of the above discussion and having considered the fact that the petitioner-accused No.3 had no knou,ledge 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.3 amounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.3 are liable to be quashed.

14. In the said circumstances, the proceedings against the petitioner/accused No.3 in Crime No.568 of 2024 of Police I I l I I I i I I 10 station osmania university pending on the file of IV Additional Chief Judicial Magistrate at Hyderabad are hereby quashed.

15. Accordingly, the criminal petition is allou,ed. As a sequel, pending miscellaneous appiications, if shall stand closed. //TRUE COPY// sd/- K. MAJI ASSISTANT REG TRAR \ SECTION OFFICER To, 1, The lV Addl. Chief Judicial Magistrate at Nampally, Hyderabad.

2. The Station House Officer, Osmania University Police Station, Hyderabad.

3. One CC to Sri Durgaiah Abed, Advocate [OPUC]

4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies. BJLIT/gh HIGH COURT DATED:191O212025 ORDER CRLP.No.2348 ot 2025 ",t CRIMINAL PETITION IS ALLOWED F ltlE S14 16 ( s 03 lpn ZlE l) ('\ \ f C. -: 4