The High Court · 2025

2.sriR.Jayachander,sub-lnspectorofPolice,P'S'Begumpet'secunderabad .-Respondents / De-facto Complainant Petition under Section 528 of BNSS praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition'theHighCourtmaybe pleased to quash the proceedings against Petitioners/Accused Nos' 5 and 6 in PRC.No',t05ot2024onthefileoftheHon.bleXlAdditionalChiefMetropolitan Magistrate, at Secunderabad' l.A. NO: 20F 2025 Petition under Section 528 of BNSS praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmaybe pleased to stay of all further proceedings against Petitioners/Accused Nos 5 and 6 inPRC.No.l0sof2o24onthefileoftheHon.bleXlAdditionalChiefMetropolitan Magistrate, at Secunderabad' pending disposal of the Criminal P'etition' This Petition coming Grounds of Criminal Petition Rao Pujari, Advocate ReP' Jithender Rao Veeramalla' Additional Respondent No.'l . on for hearing, upon perusing the Memorandum of and upon hearing the arguments of Sri Nageshwar M/s Disha Law Firm for the Petitioners and Sri Public Prosecutor on behalf of the he Court made the following Order : THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.2 643 ol 2025 ORDER This Criminal petition is filed by the petitioners_accused Nos.S and 6 to quash the proceedings against them in P R.C.No 105 of 2024 on the file of the learned Xl Additional chief Metroporitan Magistrate at Secunderabad. The offences alleged against the petitioners are under Sections 370, i)70(A) of the lndian Penal Code (for short ,lpC') and 3, 4, 5 of the lmmoral Traffic (Prevr:ntion) Act, 1956 (for short ,the Act,). .'

02. tJeard tVl/s.Disha Law Firm representecl by Sri Nageshwar tlao pujari, learned counsel for petitioners and Sri Jithender Ra,c Veeramalla, learned Additional public prosecutor for the State

03. ln brief, the case of the prosecution is that the police, received credible information about running of brothel house and raided the premises of Flat No.303, HSC pride Appartments, Begumpet, Hy,derabad and found that the accused Nos.1 and 2 were organizing brothel house and petitioners_accused Nos.5 and 6 are the customer of the said brothel house. 2

04. Learned counsel for petitioners submitted that the woman who was found with petitioners-accused Nos'5 and 6' is notatraffickedwomanandthepetitionersarenothingtodowith the alleged offences. The ingredients of the offence under Sections 370, 370(4) of IPC and 3, 4 and 5 of the Act does not attract to the present case on hand. Thereby, he prayed to quash the criminal proceedings against the petitioners'

05. Learned Additional Public Prosecutor for the State submitted that there are specific allegations against 'ihe petitioners 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 facts and circumstances of the case, it is relevant to extract the provision under Section 370 of tPc "370. 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- Firstlv- using threats, or using force, or any other form of Secondl coercion, or Thirdl Fourthl by abduction, or by practising fraud' or deception, or ?;-tt a E!frbly- by abuse of power, or by inducement, including the giving or Sixthl receiving of payments or benefits, in order to ar:hieve the consent of any person having control over the person recruited, transported, harboured, transferred or rec;eived, commits the offence of trafficking. Explan ation 1- The expression "exploitation,' shall include any act of physical exploitation or any fcrm of sexual exploitation, slavery or practices similar to slavery. servitude, or the forced removal of organs Explanati,on 2. - The consent rmmaterial determination of of the victim is the offence of IN traffick:ing. (!)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall rrot be less than seven years, but which may extend to ten years, and shall also be liable to fine @lWherre the offence involves the trafficking of rnore than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonmenl for life, ancl shall also be liable to fine. @)\Nhere 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 life, and shall also be liable to fine. (flWhere the offence involves the trafficking of more than one minor, it shall be punishable with rigorc,us imprisonment for a term which shall not be less than 4 fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (fllf 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 liable to fine' (flWhen a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall . ' also be liable to fine."

07. Section 370(4) of IPC reads as under: Exploitation of a traffic ked person'. (llWhoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine' (llWhoever, 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' 4- "7 5

08. As per Sections 370 and 370(4) of lpC, any person by using thn:at or force or any form of coercion or abcluction by practicing fraud or deception or by abusing of pourer or by inducing can only be termed as a ,trafficked person,. ln the present caser, even according to the prosecution, the victim was doing prostitution for the sake of money.

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

3. Punishment for keepinq a brothel or allowinq premises fo be usedasa brothel. fi)Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first 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 e)dend to two thousand rupees and in the event of a second or subsequent convictiorr, 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. @lAny prerson who- (qlbeing the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any otherr person to sue, such premises or any parj: thereof as a brothel, or 6 (!,[being 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 be used as a brothel, or is willfully a party to the use of such premises 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 term which may extend to five years and also with fine. @)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 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- Punishm ent for livinq on the earn inos of p rostitution. |(jlAny peison 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 7 extend to two years, or with fine which may extend to one thousand rupees, or with both. (!)\Nhere any person is proved_ (4/to be living with, or to be habitually in the compiany 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 aidinr;, abetting or compelling her prostitution; or lglto be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proveo, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1):provided that no sur;h presumption shall be drawn in the case of a son cr daughter of a prostitute, if the son or daughter is below the age of eighteen years. 5. Pro<;unng, inducinq or takinq woman or for the sake of prostitution. AAny;:erson who- /a]procures or attempts to procure a woman or girl. whether with or without her consent, for the purpose of prostitution; or @linduces a woman or girl to go from any place, with the, intent that she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or (gltakes or attempts to take a woman or girl, or causes a woman or girl to be taken, from one place o to another with a view to her carrying on' or being brought up to carry on prostitution; or /d)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' (}ln the event of a second or subsequent conviction of an offence under this section a person shall be punishable 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. B)An offence under this section shall be triable- (glin 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 (Olin 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.

10. The Sections 3, 4, 5 of the Act deals 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, inducing or taking woman or girl for the There are no allegations against the sake of Prostitution petitioners that theY are running brothel, or they are living on the t t 9 earnings of prostitution, or they procured girl fclr doing prostitution. ln the present case on hand, as per the case of prosecution. the sole allegation against the petitioners_accused Nos.S and €i are that they are the customers. Therefore, the allegation against the petitioners does not constitute the ,cffences under Sections 3, 4, 5 of the Act.

11. l\s seen from the entire case record, the victims joined brothel house and given their willingness to do se>: with the customers. Furthermore, at the stage of filing of the FIR ,)r during the course c,f investigation or through the averments of the charge sheet, the police could not putforth any material to substantiate that the petitioners had knowredge and/or the reason to believe that the women were trafficked for the purpose of prostitution' rrherefore, the ingredients required for constituting the offence under Section 3lO(A)(2) of lpC are not made out against the petitroners. '12 ln view of the above discussion and having considered the fact that the petitioners_accused Nos.5 ancl 6 had no knowledge that the woman were trafficked for the purpose of prostitution, this Court is of the considered view that the continuation of the proceedings against the petitioners_a<;cused Nos.5 and 6 anrounts to abuse of process of law, therefore. the I I 10 .. '': proceedings against the petitioners-accused Nos'S and 6 are liable to be quashed.

13. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioners-accused Nos'S and 6 in P.R.C.N9..105 of 2024 on the file of the learned Xl Additional Chief Metropolitan Magistrate at Secunderabad' are hereby quashed As a sequel, pending miscellaneous applications' if any' shalt stand closed. //TRUE COPY// Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR I SECTION OFFICER To, 1 2 3 4 The Xl Additional Chief Metropolitan Magistrate at Secunderabad The Station House Officer, Begumpet PS' Hyderabad District Two CCs to the Public Prosecutor, High Cou'rt for the State of Telangana' Hyderabad [OUT] One CC to Sri Nageshwar Rao Pujari' Advocate Rep Mis Disha Law Firm loPUCl 5 Two CD CoPies VA/ghv ,iL G 1HE TlAt

1.^ \ ,! I (( : j I I t i? 06 ffAi zt]z5 * :,416r't-.o- * s -l a -i l)if,c o + UUI,J g 0 c ./r., \.:),>.\ \o*tu?s HIGH COURT DATED:2 4tlZtZO2S ORDER GRLP.No.2643 of 20ZS ALLOWING THE CRLP I b-