The High Court · 2025

AND The state of Telangana, Rep. by its Public Prosecutor, High court for the state of Telangana At Hyderabad. Sub lnspector of Police, P.S. Langerhouse, Hyderabad Respondents/Complainant 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 against the petitioner/Accused No.4 and 5 in F.t.R.tto.zz of 2024 on the file of P.S. Langerhouse, Hyderabad' lA NO: 'f OF 2025 Petition under section 15 1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to_ stay^ all further proceedings against the petitioners/accused 4 and 5 in F.1.R.N0.72 OF 2024 On the file of P.-S. Lingerhouse, Hyderabad, pending disposal of CRLP 2541 of 2025. on the file of the High Court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri George Victor, 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 -ad*' ORDER HON'BLE SMT, JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.254'l of 2025 This Crminal Petition is filed under Section 528 of Bhiaratiya Nagarik Suraksha Sanhitha , 2023 (for short 'BNSS'), seeking to quash the proceedings againsl the petitioners-accused Nos.4 and 5 in F.l R.No.72 of 2024 of P.S. Langerhouse, Hyderabad, registered for the offences punishable under sections :)70(3) and 370(4) of IPC and sections 3 and 5 of the lmmoral Traffic (Prevention) r\ct, 1956 (for short 'Act').

2. Heard lt/r Gt>orge Victor, learned counsel for the petitioners and sri Jithender tlao veeramalla, learned Additional public prosecutor appearing for the respondenlState and perused the record. 3 The case of the prosecution, in brief, is that, on receiv.ing credible information aboLrt running of prostitution, the police, Langerhouse. raided the premises r.e., Snrart Look Wellness Spa and Family Saloon H.No.13_6_ 436134, Flat No.20 1, beside pNB Bank, Laxmi Nagar, Ii/L:hdipatnam, Hyderabad and found the petitioners-accused Nos.4 and 5 in 1.he capacity of 'customers'. Basing on the said compraint, a case in crinre No.72 of 2024 was regislererr against the petitioners-accused Nos.4 and 5 and others, for the afores,aid offences.

4. Learned couns;er for the petitioners wourd submit that though the petitioners are innoc3nt, they have been farsery impricated in the subject i I i l I i I d z crime. The victim woman who was found in the premises was not a trafficked woman and since the petitioners were ,customers,, the offences alleged against them are not at a[ attracted. Hence, he prayed to quash the proceedings against the petitioners.

5. on the other hand, rearned Additionar pubric prosecutor submitted that there are specific allegations against the petitioners and the truth or otherwise of the allegations levelled against the petitioners can only be known after conducting fulr-fledged trial before the Sessions court, and hence, prayed to dismiss the criminal petition.

6. For the sake of convenience, Sections 370 and 370(4) of lpC and Sections 3 to 5 of the Act are extracted hereunder: using force, or any other form of coercion, or "370. Trafficking of a Person: (1)Whoever, for the purpose of exploitation, (a) recruits, (b) transpotts, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- Firstlv- using threats, or Second/ Thirdlv- by abduction, 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, transpofted, harboured, transferred or received, commits the offen1e of trafficking. by practising fraud, or deception, or lanation 7- 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. (!)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall nol be /ess 3 than sev,:n years, but which may extend to ten years, and t:hall alsa be liable to f ine. (3)A/herc the offence involves the trafficking of more than one person. i' shall be punishable with rigorous imprisonment for a term wllch shall not be less than ten years but which tnay extend lc imprisonment for life, and shall also be liable to fin=. (!!)14/het e the offence involves the trafficking of a minor, it shatt be punisltable with rigorous imprisonment for a term which shalt nol be /ess than ten years, but which may exten1 to imprisonrnent for life, and shall also be liable to fine. (!)t4/here the offence involves the trafficking of more than tne minctr, h shall be punishable with rigorous imprisonment ft)r a tenn which shall not be less than foufieen years, but which rnay extend to imprisonment for life, and shall also be liable to fit.te. (!)lf a person is convicted of the offence of trafficking of m,inor on nor -d than one occasion, then such person shalt be puni:;hed wilh imprisonment for tife, which shall mean imortlsonrtent for the remainder of that person's natural life. and shall also be liable to fine {f)W'her a public servant or a police officer is involved itt the trafficking of any person then, such public servant or pctice officer sh,1ll be punished with imprisonment for life, which s,1all mean inprisonment for the remainder of that person's natural life. trnd shall also be liable to fine." Secrelj 70(A) of IPC reads as under: Ezp!e!!a tion of a trafficked Derson (f)Whoever, knowingly or having reason to betieve tha, a minor has been trafficked, engages such minor for sex.ual expioitat,on tn any manner, shall be punished with rigorous intprison'nent for a term which sha nol be /ess than tive years, but which may extend to seven years, and shall atso be liable to iine. (Z)V'/hoercr, knowingly by or having reason to betieve that a person t,as been trafficked, engages such person for sex,Lal exploitatton in any manner, sha be punished with rigorc.,us imprisonnent for a term which sha not be /ess than three years, but which may extend to five years, and shatt also be liabl,= to line

3. Punishment for keeping a brothel or allowing premises fo be usrld as a brothel. (1)Any person who keeps or manages, or acts or asslsfs in the keepi.lg or management of, a brothel shalt be punishabre 4 on fkst 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 nof /ess than two years and not more than five years and also with fine which may extend to two thousand rupees.(2)Any person who-(a)being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to sue,'such premises or any paft thereof as a brothel, o(b)being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any paft thereof with the knowledge that the same or any paft thereof is intended to be used as a brothel, or is willfully a pafty to the use of such premlses 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 lerm which may extend to five years and also with fine.(3)Notwithstanding 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 pafi 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 votd and inoperative with effect from the date of the said conviction.

4. Punishment for living on the earnings of prostitution. (1)Any person over the age of eighteen years who knowingly lives, wholly or in paft, 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. (2)Where any person is proved- (a)to be living with, or to be habitually in the company of, a prostitute; or (b)to 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; (c)to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person rs knowingly living on the earnings of prostitution of another person within the meaning of sub-seclron (1):Provided -1:-#@z - J .,:;l"v.. ', c that no s'.tch presumption shall be drawn in the case of a::on or d,augh'er of a prostitute, if the son or daughter is below ihe age of eighteen years.

5. Procu,'ing, inducing or taking woman or girl for the sake of prostitution. (1'A,ty pe r sorr who- (a,)procur'?s or attempts to procure a woman or girt, whether wilh or vtrthout her consent, for the purpose cif prostitution. or (b)itlCuces a woman or girl to go from any place, with the intent that she roay for the purpose of prostitution become the inmate of, or frequent, a brothel; or (c)takes or attempts to take a woman or girl, or causes a woman cr git to be taken, from one place to another wi a view to ner carrying on, or being brought up to carry on prostituticn. or (d)causes or induces a woman or girl to carry on prostituthn; shall be punishable on first conviction with rigorctus imprisonment for a term of nol /ess than one year and trct more that) two years and also with fine which may extend to two thousand rupees. (2)ln the event of a second or subsequent conviction of m offence utder this section a person shall be punishabte with rigorous inprisonment for a term of not less than two yeers and not r,1ore than five years and also with fine which rnay extend to two thousand rupees. (3)Art offence under this section shall be triable-(a)in the pta,e fron whici a woman or gtrl is procured, induced to go, taken or caused to be taken or from which an attempt to procure or ta,ke such woqtan or girl is nade; o(b)in the place to which sne may have gone as a result of the inducement or to which sne is ial.:en ctr caused to be taken or an attempt to take her is made'."

7. To invoke the 1:rovisions of law under Sections 370(3) and 370(4) of lPC, there should l)e proof to show that trafficking of a l)erson and engagement of such person for sexual exploitation by any one, knowingly or having reason to believe that such person has been traffickr:d. so, it is for the prosecution k) bring on record the evidence that there s a reason inter alia to believe that the victim is trafficked by engaged r)ersons for 6 sexual exploitation. ln the present case, as seen from the entire case record, the victim stated that she was doing prostitution for the sake of money and she joined brothel house and given her willingness to do sex with customers. Since no material is produced by the prosecution to prove that the victim woman was trafficked, she was engaged for sexual exploitation and as the petitioners had no knowledge that the victim woman was trafficked for the purpose of prostitution, the proceedings against the petitioners for the offences under Sections 370(3) and 370(4) of lpC, are liable to be quashed.

8. Sections 3 and 5 of the Act prescribe punishment for keeping brothel in the premises and inducing the trafficked person for the sake of prostitution. ln the instant case, on a perusal of the material on record, it is evident that there are no specific allegations against the petitioners that they are running the brothel house or they have procured woman for doing prostitution and to prove the same, no material is produced by the prosecution. The only allegation against the petitioners is that they were found at the premises in the capacity of 'customers', hence, the proceedings against the petitioners for the offences under Seitions 3 and 5 of the Act, are also liable to be quashed.

9. ln view of the aforesaid discussion, the proceedings against the petitioners-accused Nos.4 and 5 in F.l.R,No.72 of 2024 of P.S. Langerhouse, Hyderabad, are hereby quashed. l I I i 10 Accordingly, this Criminal petition is allowed. Pendinq mis:ellaneous applications, if any, shalt stand c:losed. //TRUE COPY// Sd/- L. LAKSHMI BABU ^"fl'(:l]=,:l:AR SECTION OFFICER To, '1. The Vl Addition,rl Chief Metropolitan Magistrate at Nampally, Hyderabad. 2. The Station House Officer, Langer House police Station, Hyderabad, 3. One CC to Sri r3eorge Victor, Advocate [OPUC] t PRosECUroR, High court ror the stare orrerangana ],-,:,,33#:Jt3'i?i

5. Two CD copies. BJLB/gh HIGH COURT DATED:2110212025 I ORDER CRLP.No.2541 ot 2025 ( ,J jt1E l; .{ 0 4 APti 2025 . '::/' CRIMINAL PETITION IIS ALLOWED i I , i I