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 quash the proceedings in P.R.C. No. 55 of 2015 on the file of the Honble Xll Addl. tvletropolitan Magistrate, Medchal-Malkajgiri, at Kukatpally Accused No.3. l.A. NO: 2OF 2025 Petition under Section 482 ol Cr.P .C 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. 55 of 20'15 on the file of the Honble Xll Additional Metropolitan Magistrate, Medchal- Malkajgiri, at Kukatpally including appearance of the Accused No.3 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 S. RAM REDDY, Advocate for the Petitioner and Sri Jithender Rao Veeramalla the Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER ,io n THE HONOURABLE SMT. JUSTICE JIIWADI SRIDEVI CRIMINAL PETITION No.248O of 2025 ORDER This (lriminal Petition is filed under Section 528 the Bharatiya Nagarik Suraksha Sanhita, 2r)23 (for short 'BNSS) by pt titioner-ztccused No.3 to quash the proceedings against him in P.R.C. No.55 of 2015 on the file of the learned XII Adclitional Judicial Metropolilzrn Magistrate, Medchal-Malkajgiri at Kukatpally The olTences alleged agarnst petil.ioner arc under Seclion 370(1.) of the Indian Penal Cocle (for short 'lPC') ald Sections 3, 4 and 5 of the Immoral TI'alllc (Prcvention) Act, 1956 (for strort 'the Act').

02. Heard Mr.S.Ram Reddy, learrLed counsei for petitioner and Sri Jither-rder Rao Veerzurralla, learned Additional Public Prosecutor for responder:ts and perused the record

03. tn briel, the case o[ the prosecution is that the Poiice, Sanathnagar Police Station received credible information :rbout running of brothel hous<: and raided the H.No.13 1-9 r, Plot No. 120, Sri Harsha Re:;idency, Ground 2 floor, Motinagar, Salathnagar, Cyberabad and found accused Nos.l to 3, accused No.1 and 2 are organizers and accused No.3 is a customer

04. Learned counser for petitioner submitted that No.3 is the womal who was found with petitioner_accused not trafficked woman and petitioner is nothing to do with the alleged offences. The ingredients of the offence under Section 370(.4) of IpC and Sections 3,4 and 5 of the Act does not attract to the present case on hald. Thereby, he prayed to quash the criminal proceedings against petitioner_ accused No.3. 0S. 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 Crimina_l petition.

06. In view of the above facts arrd circumstances of the case, it is relevant to extract the provision under Section 370 of IpC: ,,,w 3 lorm of by abduction, or *37O. Trafficking of a Person: (1)Whoever' for the pu rpose of expioitation, (a) recr':its' (b) transpr.,rts, (c) harbours, (d) transfers' or (e) receivet;. ar Pe rson or Persons, bY- using threats, or Firstl Secondbt using force, or anY othet coerclon, or Thirdl Fourthlu- by practising fraud' or d':ception' OI Fifthttt-- bY abuse of Power, or Sixthly-- by inducement, including the giving or recr:iving of payments or benefits' in order to acl'ieve the consent of any person having control over the person recruited' transported' harbo-,rred, transferred or received' commits the ollenct ol tralficking' OrylgaoLti9ft-] The expression "exploitation" sha-ll jnclude any act of physical exploitation or any iorm ol sexual exploitation' slavery or practices similar to slavery, serviturle' or the forcecl re moval of organs' nqtion ?- The consent of tht: victim is immaterial in determination of the offence of traffir:king. pfWLioever commits the offence of tra-fficking shail bc punished r'vith rigorous imprisonment i I t t I i I I I 'l i : l' 4 r end to ten years, ald 'tto'u"" the trarficking of Punishable with rigorous for a term which shall not be less than years, but which may ext sha_ll also be liable to line. [QlWhere the offence involves the traffickrng of more than one person, it sha-ll be punishable with rigorous imprisonment for a term- which shall not be less than ten years but which may extend to imprisonn rent for life, and shal a]so be liable to rrne. (![Nhere rhe oflence . a minor, it shalt o. imprisonment for , less than ten years. ;:rTffilH: imprisonment for life to line. fS,,lWhere the offence involves the trafficking of more than one mir rJ',H,T;:f with rigorou",",r.,"*;t ;:li shall not be less which may extend a-,,d sha-lr arso be r,"oi" ,;:"sonment [QIf a person is co of the offence of trarficking of -rrr.'"'"tto )r on more than one occasion, then such shall be punished with imprisonment fperson imprisonment r.. ;."'.'.Jff:":t:lTT than fourteen years' but for life, :; , and shall also be liable ryy.,,/ 5 person s llatural life, and shali also be liable to fine. lflWher a public servant or a police 'llficer is involvctl in the trafhcking of any person then' such l.,ul)lic servant or police oflicer shall be punishcd with imprisonment for lift:' which shall rnean imprisonment for the remainder of that ptrrson's natural life, and shall also be liable to fine." o7 -scction 370(A) of IPC reads as urL<ler: reason to Exp!pi@ f.I-.,fWhoever, knowingly or having belicv<' that a minor has been trafficked, engag(rs such minor for sexual explcitation tn any nlanner, sha-ll be punished with rigorous imprit;onment for a term which shzLll not be less tl'ran five years, but which may e xtend to sevcn ]rears, and shall also be liable t'l hne' fflWhoevcr, knowingly by or having reason to believc that a person has been fafhcked' engap,cs such person lor sexual expl'litation in an) llranner, shall be punished with rigorous impnsonment for a term which shall not be less tltan three years, but which mal' extend to five 1't:ars, and shall also be liable to [lne' 6

09. As per Sections 370 and 370(.4) of IpC, any person by using threat or force or any form of 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 statement of LW 1_sex worker, doing prostitution for the sake of money. even according to she stated that she

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

3. nt or I 7l t brothe t. a

4.s o.l wi to be LUAny person who keeps or manages, or acts or assists in the ke brothel shall be rJ,:'ff :.' ;T:TJ::; 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. (2)Any person who- I i l I j 1 [qlbeinq t he tenant, lessee, occupier or person in chalge <lf any premises, uses, or kllowingly allorn's :rny other person to sue, such lxemises or anY llart thereof as a brothel, or @lbcing Lhe ou'ner, lessor or landlor'l of any premiscs or the agent of such ownei' It:ssor or landlorcl, lets the salne or any part thereof with the knowied,ge that the same or any part thereol is intend,ed to be used as a bl'othel' or is rvilf,r1ly a party to the use of such premises a brothel. Shall be thereof as or an1 Part conviction with punishable imprisonment for a term which may extend to two ]'cars and u'ith fine which may :xtend to two tlrousand rupees and in the e'rr:nt of a seconl or subsequent conviction, with rigorous impri:;otrment for a term which may extend to five ycals and also with fine' p]Noru,ithstanding anything contain:d i'n any other' law for the time being in force' on convi''tion of any person referred to jn clause (a) o' clause (hr) of sub-section (12) of anV offenr'c under that sub-section in rr:spect of an1, lrremises or any part thereof, ariJ' lease or agret:rnent under which such prerrtises have been leased out or are held or occupied at the time ol the commission of the offe nce' shall I 8 ecanin so r liuin onthe become void and inoperative with effect from the date of the said conviction. 4. Ptlnfshment rostiAttion. LQAny person over the age of .eighteen years who knowingly lives, 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. (4Vhere arry person is proved _ (glto be living with, or to be habitually in the company of, a prostitute; or &)Lo have exercised control, direction or influence over the movements of a prostitute in such a manner os to shorrr rh - r -, , ^r^ ". .j:;::i; aiding, abetting /qfto 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 withrn the meaning of sub_sect.lon (1):provided that no such presumption shall be drawn in the case ;:ffi;, I I 9 of a sln or daughter of a prostitute, il the son or datrgl-rter is below the age of eightet:tr yea-rs. 5. Proqtrinq, inducinq or takinq u)oman or rostitution. r the so,ke o l4Ant person who- /qfpro:ure's or attempts to procure a \,voman or girl, r'hether with or without her co;rsent, lor the ptrrpose ol prostitution; or (Elindrrces a woman or girl to go lrom any place. u"ith the intent that she may for the purpose of prostitution become the inmate of, or fi'e<1uent, a brothel,, or (qftakt:s or attempts to take a woman or girl, or causes a wonran 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; OI /d)cau ses or induces a woman or girl to carry on pr ostitution;shall be punishable on hrst conviction lvitl'r rigorous imprisonm:nt for a term rf not lt:ss thal one year and not more tham .u,<> years and also with fine v',hich may exten<1 to tu,o thousand rupees. @[n the event of a second or suLtrsequent convic tion of an offence under this section a person shall be punishable with rigorous impris;onment lor a term of not less than two I l I I I I I I l I I 10 this section shaii be years arrd not more than five years ald a_lso with fine which may extend to two thousand rupees. (4,An offence under triable- (g)tn 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 [p)in the place to which she may have gone as a resuit of the inducement or to which she is taken or caused to be taken or an attempt to take her is made. a

10. The Sections 3, 4 and 5 of the Act deals with regard to punishment for keeping brothel or aliowing premtses to be used as a brothel, punishment for living on the earntngs of prostitution; punishment for procurlng, inducing or taking woman or girl for the sake of prostitution. There are no allegations against petitioner that he is running brothel, or living on the earnmgs of prostitution, or procured girl for doing prostitution. In the present case on hand, as per the case of prosecution, the sole allegation against petitioner-accused No.3 is that he is a 11 customer. Tl'rerefore, the a-llegation against petitioner does not constitute the offences under Sections 3,4 and 5 of the Act

11. As seen from the entire case rer:ord, including the statements of the victim recorded under Section 161 ol Cr.P.C., discloses that petitioner-accused No.:3 is customer and she clearly statecl that due to poverty arrri other family background she joined brothel house and gi'ren willingness to do sex u,ith the customers. Furthermore, zrt the stage of fiiing of the FIR or during the course of i:rvestigation or through the averments of the charge sheet, the Police could not putforth any material to substantiate lhat petitioner- accused No.3 had knowledge andlor the re,lson to believe that the \\roman was tra-fficked for the purpose of prostitution. Therefore, the ingredients; required to I I constitute th,: offence under Section 370(,,{ of IPC is not made out against the petitioner.

12. In view of the above discussion and having considered the lact that the petitioner-accus,:d No.3 had no knowledge that the woman was trafficked for r,he purpose of 12 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_accqsed No.3 is tiable to be quashed.

13. Accordingly, this Criminal petition is allowed and the proceedings against the petitioner_accused No.3 in P.R.C. No.55 of 2O1S on the file of the learned XII Additional Judicia-l Metropolitan Magistrate, Medchai_Ma_lkajgiri at Kukatpally, are hereby quashed. As a sequel, pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/- V. KAVITH A ASSTSTANT REGTSTRAC / 1 To, SECTION OFFICER 1 The Xll Addl. Metropotitan Magistrate, Medchat-Malkajgiri, at Kukatpally 2 J

4. 5 The Station House Officer, police Station, Sanathnagar, Cyberabad Two CCs to the pUBLIC PROSECUTOR, High Court at Hyderabad. (OUT) One CC to SRl. S. RAM REDDyAdvocate tOpUCl Two CD Copies 'l pk/gh \n- HIGH COURT DATED:2010212025 .---= C)€: i' . "ri lt wn 26 o o ('' 1'l C + .ds t." FA rcHF-o \-- - t ORDER CRLP.No.2480 of 2025 CRIMINAL PETITION IS ALLOWED (+ ffi,t' j : I I I i t t i t I i I i i I I i I t I t t