The High Court · 2025

Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminil petition, the High court may be pleased to stay arr further proceedings incruding the appea-rance of the Petitioner/ Accused No.3 in p.R.c. No. i 17 of 2023 on the file of lV Addl Junior civil Judge cum XV Addr-_ I\rretroporitan Magistrate-Medchar Markajgiri at Kukatpally pending disposal of the main Criminal Fetition, ^ This Petition eoming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri s.ru. saifullah, Advocate for the petitioners and the of-sri Jithender Rao veeramalla, learned Addl Public Prosecutor (TG) on beharf of the Respondent No_1 and None appeared for the Respondent No.2. The Court made the following: ORDER (' THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI CRIM INAL PETITION No.3034 ot 2025 ORDER This Criminal Petition is filed under Sectior 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, (for short 'B.N.S.S') by petitioner-accu sed No.3 to quash the proceedings againsl him in PRC No 117 ot 202'.3 on the file of the learned lV Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate, Medchal-Malkajgiri at Kukatpally. The offences alleged against petitioner are under Sections 370 (A) of IPC and Sections 3, 4 and 5 of the lmmoral Traffic (Prevention) l\rl, 1956 (for short lhe Act')

02. Heard Mr. S.M.Saifullah, Iearned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additionalhubtic Prosecutor for responderrt--State and perused the record 03 ln brief, the case of the prosecution is that the Police, KPHB Police Station received credible information abcut running of brothel business and raided Plot No.556, Vasantha Nagar Colony, KPHB and found that petitioner/accused No.3 along with ,lther accused were present in the said house and petitioner-accused No.3 is the customer of ther said house

04. Learned counsel for petitioner submitted that the woman who was found with petitioner-accused No.3 is not a trafficked woman and petitioner is nothing to do with the alleged oflences. The i 'l 2 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 hand. Thereby, he prayed to quash the criminar proceedings against petitioner-accused No.3.

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 facts and circumstances of the case, it is relevant to extract the provision under Section 37p of lpC: "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 Secondl using force, or any other form of coercion, Thi by abduction, or by practising fraud, or deception, 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, transported, harboured, transferred or received, commits the offence of trafficking. 3 ll: C Explanation 7- The expression "exploitation" shall include any act of physical exploitation or any forn of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs' Exp lanation 2- The consent of the victim is immaterial in deterrnination"of the offence of trafficking' (!)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine' p)Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonnent for a term which shall not be less than ten' years bur which may extend to imprisonment for life' and shall also be liable to fine. ff|Where the offence involves the trafficking of a minor, it shall oe punishable with rigorous imprisonment for a term which shall not be less than ten years, but wnich may exie,nd to imprisonment for life, and shall also be t liable to fine. (flWhere, the offence involves the trafficking of nlore than oner minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, ard shall also be liable to fine /6)lf 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 in^prisonment for the remainder of that person's natural life, and shall also be liable to fine. 4 ft)When a public servant or a police officer is involved in the trafficking of any person then, such pubric servant or police officer shall be punished with imprisonment for life, which sha, mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.,, 07. Section 370(4) of lpC reads as under Exploitation of a trafficked p erson: (!)Whoever, 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 Qe Iess than five years, but which may extend to seven years, and shall also be liable to fine. Q)Whoever, knowingly by or having reason tg 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. 08. As per Sections 370 and 370(4) of lpC, 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,. ln the present case, even according to the statement of LW5_sex worker, she stated that she was doing prostitution for the sake of money. 5 lr: ,,C

09. Now coming to Sections 3, 4 and 5 of the Act, the provisions in detail are extracted below for keepin a brothel or allowilg

3. Punishment premises to b e use d as a brothel. (!-lAny persoq who keeps or manages, or acls' 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 mcrre than three years and also with flne which may extend to two thousand rupees and in the event 'rf a secontl or subsequent conviction, with rigot'ous imprisonment for a term of not less than two years anrd not more than five years and also with fine which rnay extenC to two thousand rupees. p-|Any person who- (4lbeingr the tenant, lessee, occupier or person in charger of any premises, uses, or knowingly allows any other person to sue, such premises or any part thereof { as a b'c,tnel, or (O,lbeirrg the owner, lessor or landlord of any pretnises 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 wilfully 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 extenci to two years and with fine which may extend to two thousand rupees and in the event of a second or 6 subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine. plNotwithstanding 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. Punishment for livins on the earninqs of prostitution. (llAny person over the age of eighteen years who knowingly lives, wholly or in part, on the earningg 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. (!)Where any person is proved- (a)lo be living with, or to be habitually in the company of, a prostitute; or (!]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, or (glto 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 within the / ( l 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 eighteen years. 5. Procurinq, inducinq or takinq woman or qirl for the sake o rostitution. (flAn,7 person who- falprocures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or /b)induces a woman or girl to go from any place, with the intent that she may for the purpose of prostitution beconre the inmate of, or frequent, a brothel; or (c,lta kes or attempts to take a woman or girl, or causes a woman or girl to be taken, from one place to another with a view to her carrying on, or being brought up to carrlr on prostitution; or t/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 lhe 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 'ruith fine which may extend to two thousand rupees. (!lAn offence under this section shall be triable- o t fq,lin 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 @,|in the place to which she may have gone as a result of the inducemilnt or to which she is taken or caused to be taken or an attempt to take her is made.

10. The Sections 3, 4 and S 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 sate of prostitution. There are no a[egations against the petitioner that he is running brothel, or he is living on the earnings of pro$itution, or he procured girr for doing prostitution. ln the present case on hand, as per the case of prosecution, the sore ailegation against petitioner-accused No.3 is that he is a customer. Therefore, the allegation against the petitioner does not constitute the offences under sections 3, 4 and 5 of the Act 11 . As seen from the entire case record, including the statement of the victim, discloses that petitioner_accused No.3 is a customer and she crearly stated that due to poverty and other famiry backgrounds she joined brother house and given her wiilingness to do sex with the customers and she collected money from the petitioner herein. Furthermore, there is no allegation in the FIR that the petitio. n_er 9 herein had knowledge. and/or the reason to believe that the woman was trafficked for the purpose of prostitution. Therefore, the ingredients required to constitute the offence under Section 370(At of lpC is not made out against the petitioner.

12. ln view of the above discussion and having considered the fact that the petitioner-accused No.3 had no knowledge that the woman was triafficked for the purpose of prostitution, this Court is of the considered view that the continuation of the proceedings against petitioner-acc;used No.3 amounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.3 are liable to be quashed.

13. Accordingly, this Criminal petition ispllowed and the proceedings against the petitioner-accused No.3 in pRrl 11q.1.17 .t 2023 on the file of the learned lV Additional Junior civil Judge-cuni-XV Additional Metropolitan Magistrate, Medchar-Markajgiri iat Kukatpally, are hereby quashed. As a sequel, pending miscellaneous applications;. if any, shall stand closed /,TRUE COPY" AS sd/. A.V.S. PRASAD REGISTRAR ,o\\:t' tJ Jt"tION OFFICER To, 1 The lV Addl Junror Civil Judge.cum XV Addl' Metropolitan Magistrate- rvie-O"n"r Malk:a jgiri at Kukatpally'

2. The Station Hor'rse Officer' KPHB Police Station' Medchal District 3. One CC to Sri S tVl Saifullah' Advocate IOPUCI ...., i;rJ /

4. Two CCs to pUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUTI

5. Two CD copies. BJLB/gh t/ I HIGH COURT DATED:05/03/2025 ORDER CRLP.No.3034 ol 2025 I \ 4 \ \ q o ,J rrii I rrl i a, (o o ( p z t:) 11 I,{AH ?Ifr o ::', r..:- ...* t CRIMINAL PETITION IS ALLOWED 3 /z //