The High Court · 2025

Judgment

1. Il:"?:1t:o:t'"langana' Rep bv its Public Prosecutor, High court at ...RESPONDENT/COMPLAINANT ...PETITIONER/ACCUSED NO.3 ' *ia{#ffitingh' sub-lnspector of Police, Madhapur Potice station, ...RESPONDENT/DEFACTO COMPLAINANT Petition under section 52g of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to quash the proceedings in cr. No. 216 0f 2025, on the fire of the P.S. ,, Madhapur against Accused No.3. l.A. NO:2 oF 2025

Petition under section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to stay afl further proceedings in cr.No.2 16 of 2025, on the fire of the P.S., , Madhapur, including appearance of the Accused No.3. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri s.RAM REDDY,Advocate for the petitioner and the pubric prosecutor (TG) on beharf of the Respondent No.i and None Appeared for the Respondent No. 2 The Court made the following: ORDER I I i THE HONOURABLE SMT' JUSTICE JUWADI SRIDEVI TITION No.24 of2O2 79 5 CRI MIN AL PE OR DER: This Clriminal Petition is filed by petitioner'/ acc us:d No'3- seeking to quash J.re proceedings against him in C)rime N t'216 ol 2025 onthe file c'f Madhapur Police Station' registered tbr the offences punishabte under Sections 143' 144 of Eiharati) a Nyaya Sanhitha, 2023 $t short'BNS') and Sections 3' 4 arLd 5 of the ImmoralTraffic(J,revention)Act,1956(forshort.l.he-A.:1,.

02. Hetr:d Sri S'Ram Reddy' learnt:d c'runsei for . .lithender Rao Veeramalla' le:rrnecl A dditional ' for respondent No'1 - State and perused the petitioner and S: Public Pro secutttl record' MadhaPur

03. The case of the Prosecutron is that tt 'e Police, rec r,ir,ed credible information abouLt rllnnlng prostitution at room No'1422' 41h floor of the '\ltruist Business Hotel situated rrl Hanuman Nagar' Kondapur' Sherilirrgampally' Ranga Redclv f istrict' Hyderabad and raided the said room and found that pel-itioner / accused No'3 along with othe r accused were present t'lere and petitioner-accused No'3 is t.ht customer of the said bro1.he1 house' 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 S. Naueen Kumar @ Naaeen a. State of Telangana t the judgment of this Court in Criminal petition No.5gO3 dated 22.06.2018, the offence under Section 143 (previously 3Z O_A of rs attracted. However, Additional public prosecutor fairly conceded that the of Sections 3 to S of the Act of 1956 customer is concerned. rPC) provrslons are not attracted as far as Court in ald also of 2O 18, .of BNS learned

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 atong with the said sex worker. 1 201s(2) ALD (crt.)156 v 3 OT . ltr view of the above facts ald cir'lumstarlces of the case, it is relevant to extract the provision un<ler S:c -ion 143 of BNS (prevrouslY 370 of IPC): . " 143. Trafficking of a Person: ( l)Who':ver' Ib: the purposI of exploitation, (a) recruits, (b) transports' (c) harbours, (d) transfers, or (e) receives, a perscn or Personr; bY- Firstl!- using threats, or Secon<I IA- using force, or any other fornr of coe: cion, by practising fraud, or deception, or Thirdlg by abduction, or Fourth Fifthht- bY abuse of Pou'er, or Sixthl - by inducement, including t1re givir g or receivinq of payments or benefits, in order to ac hieve the corscnt of any person having conlrol ove: the person recruited, transporLed, harbourecl, trans.erred or rccei red, commits the offence of trafhclling' p4:plo;lation 7- The expression "explcitatio n" shal1 includ,: any act ol physical exploitation or an)' lc rm of scxual exploitation, s1avery or practict:s sirnil ar to slave4', servitude, or the forced removal cf organs ' Explaryatipn 2- The consent of the victim is immaterial in determination of the offen< e of traffick ng. flfWhor:ver commits the offence of traffi<:king shall be punish,-'cl u'ith rigorous imprisonment for a te rn-i 'rhich shall -r ot be less than seven years, bu.t wh: ct may extenc to ten years, and shall also be liable to lin:. f3JWhr:r-e the offence involves the traffic:king of more than c,ne person, it shall be punishable with r1€ orous 4 "n.,.u"' which shall not be Iess than imprisonment ror t" the trafficking of more be punishable with rigorous -n'"n shall not be iess than ro imprisonmenr rmprisonment for a tel ten years but which n.m rire, and sha, arso r.,,:T.:::::.to (1.lWhere the offence inr it sharr be punishabre ;ff :,:::"':,t:J":ffi ;: a term which shall no ,lT ,:: vears, but which may extend ro ,jj:^:"j nprtsonment for rife, and shalr also be liabre to fine. l5,lWhere the offence in than one minor, it imprisonment ro. u ,..-t fourteen years, but *nr., for rife, and sha, "* ;. il,J,'J:T": l{,[f a person is convict :ed of the offence of trafficking of minor on more than then such person shalr be punished *,,i",j1"1"tn' tmprisonment for life' which shar mean imprisonm person,s na rura,o., ",:1;:f ,:T ;'ffif; J"*", l![when a public servar " police officer is involved in the trafficking of .," o"ttot then' such public servant or porice orn,* i mpri so n men r ro r r ire, ;::, ""111 j:, jil;"j"":" J# for the remainder of th person's natural life, and sha arso be liabte ,o n.r.T o8 as under: Section 144 of BNS (previously 370(,4) of IpC reads Exo toit,ation ofa (![Whoe a minor sexual e ckedperson: ver, knowingly or having reason to believe that has been trafficked, engages such minor for xploitation in any manner, shall be punished 5 \r,ith ligorous imprisonment for a term v,,hich st a[1 not be les s than hve years, but which may exterrd t( seven 1'ears and shall also be liable to flne. l-2JWh c ever, knowingly by or having reeLson 1o believe that a person has been trafficked, engag('s such :erson fc,r sexual exploitation in any man 1er, sh all be punisl-ed with rigorous impnsonment for a ter-m which sl-rall not be less lhan three years, b rt '"r'hic I may exten(l to five years, and shall also be liable to firie.

09. r\s per Sections 143 and 144 of BNS (Previously 370 and 370(\) of IPC), any person by usin.g threa. or force or any form of coercion or abduction by pracr:ir:ir g fraud or deception or by abusing of power or by in(lucin g :an only be termed as a 'trafficked person'. In the llresent case, even according to ,he contents of FIR, victim state(l ttrat she was doing prostitrL'-ion for the sake of money

10. l{ow coming to Sections 3, 4 and 5 of the Act, the provisions in. j etail are extracted below: qpittll

3. Pu p!3mt ses to be used qs a brothel. l.LfAny person who keeps or manageti, or a( )ts or assisl:; in the keeping or management of, a t rothel shall re punishable on first conviction u,itir ri[rorous impriscnment for a term of not less than one.ret.r and not mcre than three years and also with finc ,vhich may e;<:end to two thousand rupees and in the e.r. ent of a secrrnd or subsequent conviction, rvith rrgorous 6 ru,ees' "r",'"t"' term of not Iess than two years five years and aiso with fine which occupier or person in - uses' or knowingly allows 2ny such premises or any part thereof lmprlsonment for and not more than may extend to two f?AnY Person -no-'no'"uto (4)being rhe renan charge of "r, o..-::'^^'essee' other person ,o as a brothel, or @fbeing the owner, I or Iandlord of any premises or the agent o, lessor or landlord, lets the "r.n'"t"ot same or any part ,n,o*"t' tto' with the knowledge that the same or any part ,n, eof is intended to be used as a brother, or is wilrur premises or any ,".:';:";t""t: ::il::rTjT: punishable on first co with imprisonment for a term which *., .*,rtu"tion :nd to two years and lvith line which may extend to thousand rupees and in the event o[ a second otwo subsequent conviction' with rigorous imprisonmentr term which mav exrend to five years and also *,,n:;. lS,lNotwithstanding anything contained in any other law for the time being in force, on conviction of any person -referred to in c (a) or ciause (b) of sub- section (2) of any orr..'u'"" respect of any premis."'tt "o"t that sub-section in or any part thereof, any lease or agreement under wh such premises have been reased out or are held .ich occupied at the time of the commission of the offe nce' shall become void and inoperative with effect from the date of the said conviction. 4. Pun tshmen Drostitu 1n so r liai on the tion. t 7 [-)Anv pr: -son over the age of eighteen vear s u ho knol ingl',' Iives, wholly or in part' on the ''artlirLqs the prost.lution of a woman or girl shall be punishable with imp:-:sonment for a term which may exteni to u'o years, orvith line which may extend to on' th')t.lsi'nd rupces, cr r,l'ith both' @fNnere ilny Person is Proved- {4fto be li'ring with, or to be habitually in ttre cor-rp rny of, a pro:;r.itute; or p)Lct have exercised control, direction or inlluerrcc t'ver the movt::nents of a prostitute in such a manncl a I to shos, t.1at such person is aiding' ztbetl-ilrg or compe lli n g her Prostitution; or (crto be acting as a tout or pimp on bchzrl of a prostitu r), it shall be presumed, until the contrary is proved, that such person is knowingty living 'rn the earningl; of prostitution of another persorl u'itLrin the meaninll of sub-section (1):Provided that nci : uch presum ltion shall be drawn in the case o[ :r so''r or daughte r of a prostitutc, i[ the son or daug'rtt r is belorv ttt,: age of eighteen Years' 5. Procurinq, indu cinq or t akinq u)omd4941irl-fo1 the sal;e af pro stitution. {f./Any p,:rson who- fqfprocrr:es or attempts to procure a womall or girl' whethe I r,l'ith or without her consent' for thc l)ul pose of prosl itution; or @findu,:,:s a woman or girl to go from any plar:e' with the intr:nt that she may for the purpose o: prostit ltion becomt'the inmate of, or frequent, a brothel; or /g[akes; or attempts to take a woman or girl, or ci iuses a womll:I or girl to be taken, from one place to an r1-her I with a view to her cat carry on prostitution; @,lcauses or induces prostitution; shall be with rigorous imprison one year and not -o.,-"'t fine which may extend l2)In theevent of a ""..to an offence ,ra.. tt-,i,' punishable *itr, .igo.or-::'l':" not ress than two ,.u.a'" and also with fine whict rupees. rrying on' or being brought up to a woman or girl to carry on punishable on first conviction for a term of not less than : than two years and also with t*o thousand rupees' or subsequent conviction of a person shall be tmprisonment for a term of not more ttran five years t may extend to two thousand "ttt'o' shall be triable- t *o-" or girl is procured, *"*o to be taken or from )cure or hke such woman or l3,lAn offence under this lu)rn theprace from ,"n,. induced to go, taken o.n which an utl-pr ,.'rl. giri is made; or @)tn the plac of the inducee to be taken or-"a, to which she maY have or to which ," *o, as a resurt caused "na 'an atrempt to rake her,JH;* 11. The Sections 3, 4 and 5 of the Act deais 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, i tnducing or taking womarl or girl for the "."^ ^l'".*rrng' "*" of prostitution' There are no aJlegations against ,n.n" : petitioner that he is running brothel, or he is Iiving on the earnings of prostitution, or he procured girl for { r-) 9 -! doing prostitr,r..ion. In the present case on hald, eLs oer the case I I of prosecution, the sole allegation against petir-io ner-accused No.3 is that h: rs a customer. Therefore, th,: allegation against the petitioner loes not constitute the offence,s uncler Sections 3, 4 and 5 ol the Act. y)-. 4,s seen from the entire case record, ir,cluding the contents ol FI R, that there is no allegation in tl-rt: Irl R that the petitioner hert:in had knowledge and/ or thrr reaso t to believe that the \vom zm was trafficked for the purprl5s oJ' r rrostitution. Therefore. th,: ingredients required to constitut€ the ,offences under Sectiors; 143 and 144 of BNS (Previously 3r0 and 370(A) of IPC) are nor. made out againSt the petitioner. 1 3 . n view of the above discul;sro n i Lnd having considered tL e fact that the petitioner-accusecl N r.3 had no knowledge that the woman was trafficked lbr ttre purpose of prostitution, this Court is of the considered vre v that the continuation (if the proceedings against petitroner a< cused No.3 amounts ro aluse of process of law, therefore, the :rroceedings against the petitioner-accused No.3 are liable t.o be qt ashed.

14. In the said circumstances, the procr:i.dings agajnst the petitioner/'ilccused No.3 in Crime No.216 of 2:0,),a on the file of Madhapur I,r;lice Station are hereby quashe,1. 10 1S. Accordingly, the criminal petition is allowed. As a sequel, pending miscelianeous a ---o .rrro!-(_udrreous applications, if arly, shall stand closed. \ To, //TRUE COPY// Sd/. MOHD. ISMAIL ASSTSTANT REGtgTRAR SECTION OFFICER

1. The court of X Additionar Metroporitan Magistrate, cyberabad at Kukatpaily. 2. The Station House Officer, Madhapur police Station, Cyberabad, Hyderabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to SRl. S. RAM REDDY, Advocate tOpUCl 5. Two CD Copies (A- I I HIGH COURT DATED:2010212025 t. I \ .'.\ .i: r "lc/l </ ', .s .\ \is :. :: '. I \ \ La_)ii\ + ORDER CRLP.No.2479 of 2025 ALLOWING THE CRIMINAL PETITION IN L)