High Court of Telangana · 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 charge sheet in PRC No.9 of 2025 on the file of the X Addl. Metropolitan Magistrate, Kukatpally, Ranga Reddy District registered for the offences u/s 370, 370 (A) (2t IPC and Sec 3,4 and 5 of lmmorat Traffic prevention) Act, 1956 against the petitioner/Ao. lA. NO: 1OF 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 stay all further proceedings including appearance of the petitioner/ A6 in PRC No.9 of 2025 on the file of the X Addl. Metropolitan Magistrate, Kukatpally, Ranga Reddy District, pending disposal of the criminal petition. $ This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A. Bhuvan Sunder Reddy, Advor;ate for the Petitioner and Mrs. S.Madhavi, Assistant Public Prosecutor (TG) on behalf of the Resp6ndent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No .3339 of 2025 ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (fc:r short 'BNSS'), seeking to quash the proceedings against the petitioner-accused No.6 in P.R.C.No.9 of 2025 on the file of X Additional tVletropolitan Magistrate, Kukatpally, Ranga Reddy Diskict, pertaining to Crime No.1126 of 2023 of P.S. Madhapur. The offence alleged against the petitioner-accused No.6 is under Section 4 of the lmmoral Traffic (Prevention) Act, '1956 (fo.r short 'Act').

2. Heard Sri A.Bhuvana Sunder Reddy, learned counsel for petitioner and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record

3. The case of the prosecution, in brief, is that, on receiving credible information about running of a brothel house, the Police, Madhapur, raided the premises i.e., Flat No.G2, 1"t Floor, Plot Nos.3 and 4, SR Cyber Avenue Apartments, Chandanayak Tanda, Madhapur, Serilingampally, Ranga Reddy District and found petitioner-accused No.6 in the capacity of 'customer'. Basing on the said complaint, a case in Crime No.'l 126 of 2023 was registered against the accused and after completion of investigation, charge 2 l -! sheet was filed, cognizance was taken and the case was numbered as P.R.C No.9 of 2025.

4. Learnerj counsel for the petitioner would submit that though the petitioner ts nnocent, he has been falsely implicated in the subject crime. Since the petitioner was found at the premises in the capacity of 'customer' the offence alleged against him is not at all attracted Hence, he prayed to quash the proceedings against the petitioner.

5. On the other hand, learned Assistant Public Prosecutor submitted that there are specific allegations againsl the petitioher and the truth or otherwise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the Sessions Court. and hence, he prayed to dismiss the criminal petition.

6. For the sake of convenience, Section 4 of the Act, is extracted hereunder: "4. Punishment for living on the earnings of proslitution. (1)Any person over the age of eighteen years who hnowngly lives, whrlly or in part, on the earnings of the prostitution of a woman cr girl shall be punishable with impisontn,?nt for a term whit;h may extend to two years, or with fine which may extend to one thousand rupees, or with both. (z)Where any person is Proved- (a)to be living with, or to be habilually 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 tc :ihow that such per.son is aiding, abelting or compelling her prostitution; ,/ (c)to be acting as a tout or pimp 6n 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 within the meaning of sub_section (1):Provided that no such presumption shall be drawn in the case of a son or daughter of a prostitute, if the son or daughter is below the age of eight.ssn years.,,

7. Section 4 of the Act prescribes punishment for living on the earnings of the prostitution. ln the instant case, on a perusal of the material on record, it is evident that there are no specific allegations against the petitioner that he is living on the earnrngs of prostitution and to prove the same, no material is produced by the prosecution. The only allegation against the petitioner is that he was found at the premises in the capacity of ,customer,, hence, the proceedings against the petitioner for the offence under Section 4 of the Act, are liable to be quashed.

8. ln view of the aforesaid discussion, the proceedings against the petitioner-accused No.6 in p R.C.No.9 of 2O2S on the file of X Additional Metropolitan Magistrate, Kukatpally, Ranga Reddy District, are hereby quashed. I Accordingly, this Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed. SD/. MOHD. ISMAIL AS ISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To,

1. The X Addl. Metropolitan Magistrate, Kukatpally, Cyberabad 2. The Station House Officer, Madhapur police Station, Cyberabad 3. One CC to Sri A. Bhuvan Sunder Reddy Advocate tOpUCl I

4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies PSL IT O-^ HIGH COURT DATED:0710312025 \ ORDER CRLP.No.3339 of 2025 1-- -( \ \. ,!- I / I] PA zIi5 '\, ' ,.'l Des,''. " -\-.....,--l 2 a." :\\' '.;i" Allowing the Criminal Petition (t- 44, >-3