The High Court · 2025

Sri. Yerramasu Venkata Dinesh Reddy, S/o Y.Venkata Rami Reddy, Aged 23 Jears. Occ. Private Emplovee, R/o Room No 5, American PG Mens Hostel' Aniaiin Naoar. Gachibowli, Hvderabad, Also at . H No.1/1980, Panchamukha Anjaneya S-wamy Temple Lan-e, Yerraguntla. Proddatur Mandal, YSR Kadapa Diskict Petitioner/Accused No. 4 AND

1. The State of Telangana, Rep by its Public Prosecutor, High. Court at Hyderabad z. a.Swi162 , Women-Sub-lnsireitor of Police,. Madhapur Police Station, .Cyberabad Respondents/Gomplainant Petition under section 528 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the criminal Petition, the High court may be pleased to quash the proceedings rn P.R.C. No. 8 of 2025 on the file of the X Additionat Metropolitan Magistrate, R.R. District, at Kukatpally against Accused No.4 and be pleased to pass such other orders as this court may deem fit and proper in the circumstances of the case. lA NO: 2 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petrtion, the High court may be pleased to stay all further proceedings in P.R.C. No. 8 of 2025 on the file of the X Additional Metropolitan Magistrate, R.R. District, at Kukatpally including appearance of the Accused No.+ pending disposal of CRLP 2487 of 2025, on the file of the High court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Peiition and upon hearing the arguments of Sri S. Ram Reddy, Advocale for the Petitioner 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 THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.2487 of 2025 ORDER This t)riminal Petition is filed under Se,ction 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner-accus;ed No 4 to quash the proceed tnc s against him in P R C.No 8 of L025 on the file of X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally. The offence alleged against the petitioner is under Section 4 of the lmmoral Traffic: (Prevention) Act, 1956 (for short the Act').

02. lleard Sri S.Ram Reddy, learned courrsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the State and perused the record.

03. lrr brief, the case of the prosecution rs that the Police, Madhapur Polic,: Station received credible information about running of brothel house and raided the premises i.e., Room No.'102, Lee Pavilion, OYO Hotel, Sri Sai Nagar, Madhapur, Serilingampa ly and found that the petitioner-ac:used No.4 is the customer of the saicl brothel house. 04 f enying the allegations, learned counsel for the petitioner-accust:d No.4 argued that assuming that charge sheet allegations are 1rue, still they would reveal that the petitioner-accused 2 No.4 is only a customer and not an organizer of brothel house or pimp and therefore, charge under Section 4 of the Act is not applicable to him, since the said section relates to the person who lives on lhe earnings of the prostitution. He thus prayed to quash the proceedings against the petitioner-accused No.4.

05. 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 Criminal Petition

06. ln view of the above scenario, it is relevant to extract the Section 4 of the Act, which is as below

4. Punishment for living on the eamings of prostitution. AAny person over the age of eighteen years who knowingly lives, wholly or in pad, on the earnings of lhe prostitution of a woman or girl shall be punishable with imprisonment for a term which may extend to two year$, or with fine which may extend to one thousand rupees. or with bolh. l!)Where any person is proved- (a)to be living with, or to be habitually in the company of, a prostitute; or (!)to have exercised control, direction or nfluence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or lp)to be acting as a lout 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 proslitution of another person within the meaning ol sub-section (1):Provided that no such presumption shall be drawn in the case ol a son or daughter of a prostitute, if the son or daughter is below the age of eighteen years. 3

07. Section 4 of the Act deals with regard to punishment for Iiving on the e:rrnings of prostitutron. ln the prese.t case, the sole allegation agains;t the petitioner is that he is a customerr. However, there is no allegation .lgainst the petitioner that he is an organizer of brother house or pimp a.d he is riving on the earnings of the prostitution. rn the said circumstanr:es, the proceedings against the lletitioner for the offence under Section 4 of the Act are liable to be quashed.

08. ln view of the above, this Criminal petiti,n is allowed and the proceedings against the petitioner-accused No.4 in p R.C.No.g of 2025 on the file of X Additional Metropolitan Magistrale, Ranga Reddy District at Kukatpally, are hereby quashed. As a seouel, pending miscellaneous applications, if any, shall stand closed To, Sd/. L. LAKSHMI BABU //TRUE COPY// ASSI 1:o"'REGTSTRAR / '$i"i,o* oFFrcER

1. The X Additional Metropolitan Magistrate, R.R. District, at Kukatpally 2, The Station House Officer, Madhapur Police Station, Cycerabad

3. One CC to Sri S. Ram Reddy , Advocate [OPUC]

4. Two CCs to PUBLIC PROSECUToR, High Court for thr: State of Telangana at Hyderabad [3UT]

5. Two CD coPies . BJLB/gh % , t --\ |.- SrAf 2 1 APn 2[25 t II// *r ll ,, \,r a \ \ HIGH COURT DATED:2O10212025 ORDER CRLP.No.2487 ot 2025 CRIMINAL PETITION IS ALLOWED