The High Court · 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 proceedings against the petitioner/A-S in PRC No.458 of 2024 on the file of lX Additionat Chief Metropolitan Magistrate, Nampally, Hyderabad. l.A. NO: 1 OF 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 the appearance of the petitioner/A-S in PRC No.458 of 2024 on the file of lX Additional Chief Metropolitan lvlagistrate, Nampally, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R. Prasanth learned counsel representing Sri Jakkula Laxman, Advocate for the Petitioner and the of Sri Jithender Rao Veeramalla, learned Addl Public Prosecutor on behalf of the Respondent No. 1. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.3168 of 202s ORDER: This Criminal Petition is filed by the petitioner-accused No.5 to quash the proceedings against him in PRC No.458 of 2024 pending on the file of the learned lX Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The offences alleged against the petitioners are under Sections 370(2) of the lndian Penal Code (for short 'lPC'), 3, 4, 5, 6 and 7 of the lmmoral Traffic (Prevention) Act, '1956 (for short'the Act').

02. Heard Sri. R.Prasanth, learned counsel for petitioner- accused No.5 and Sri Jithender Rao Veeramalla, learned Additional I Public Prosecutor for the State and perused the record.

03. ln brief, the case of the prosecution is that the Police, Narayanaguda Police Station received credible information about running prostitution at Flat No.205, Venkat Vihar Apartment, beside Madina Degree College, Street No.18, Himayath Nagar and found that petitioner/accused No.5 is the customer of the said brothel house.

04. Learned counsel for petitioner submitted that the woman who was found with petitioner-accused No.5 is not a trafficked woman and petitioner is nothing to do with the alleged offences. The ingredients of the offences under Sections 370(2) ot lPC, 3, 4, 5, 6 and 7 of the Act I 2 does not attract to the present case on hand. Thereby, he prayed to quash the criminal proceedings against the petitioner.

05. Learned Additional Public Prosecutor for the State submitted that there are specific allegations against the 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 facls and circumstances of the case, it is relevant to extract the provision under Section 370 of IPC: "370. Trafficking of a Person: (1)Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, using force, or any other form of coercion, or or (e) receives, a person or persons, by' Firsflv- using threats, or Second/ Thirdlv- by abduction, or Fourthlv- by practising fraud, or deception, or Fifthlv- by abuse of power, or Sixthlv- by inducement, including the giving or receiving of payments or benefils, 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. Explanation ,- 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. Exptanation 2- The consent of the victim is immaterial in determinatlon 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 ( I I T I I 5 seven years, but which may extend to ten years, and shall also be liable to fine. (QWhere the offence involves the trafficking of more than one person. it shall be punishable with rigorous imprisonment for a ternl which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4)Wnerc 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. (!.lWhere the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but whrch may extend to imprisonment for life, and shall also be liable to fine. @)lf a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprrsonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. (ZlWhen a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shal 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: Exploi tation of a trafficked person (flWhoever, 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. (21\l'lhoevet, 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 I I 4 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) (2) of tpC, any person by using threat or force or any form of coercion or abduction by practicing fraud or deception or by abusing of powbr or by inducing can only be termed as a 'trafficked person'.

09. Now coming to Sections 3, 4, 5, 6 and 7 of the Act. the provisions in detail are extracted below:

3. Punishment for keeoinq a brothel or allowino Drernrses lo be used as a brothel. (/lAny 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 extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous jmprisonment 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 person who- f4[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 part thereof as a brothel. or (!,lbeing 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 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 extend to two years and with fine which may extend to two thousand rupees and in the event of a second or subsequent 4 5 conviction, with rigorous imprisonment for a term which may extend to five years and also with fine. G)Notwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clause (a) or ctause (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 livinq on the earninqs of prostitution (l)Any person 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 extend to two years, or with fine which may extend to one thousand rupees, or with both. (!)Where any person is proved- (e,lto be living with, or to be habitually in the company of, a prostitute: or t'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; 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 withrn 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 eighteen years. 5. Procurino. inducino or takin o WO man or qirl fot the sake of Drostitution. (llAny person who- (g,lprocures or attempts to procure a woman or girl, whether with or wrthout her consent, for the purpose of prostitution; or 6 /b)induces 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 to another with a view to her carrying on, or being brought up to carry on prostitution; or &llcauses or induces a woman or girl to carry on prostitution; shall be punishable on first conviction with rjgorous 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. (!lln 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. plAn offence under this section shall be triable- (alin 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 (!,lin 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. 6.Detaininq a woman or carried on, (llAny person who detains any woman or girl. whether with or without her consent,- (z)in any brothel, or t/b)in or upon any premises with intent that she may have sexual intercourse with any man other than her lawful husband, 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. (aon a second or subsequent conviction for 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. irl in premises where Drostitutton Is I I I I 7 B]A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual inter- course with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,- (e,lwithholds from her any jewellery, wearing apparel, money or other property belonging to her, or Ib)threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person. (lllNotwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewetlery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the recovery of any money alleged to be payable by such woman or girl.

7. Prostitution in or in the vicinity of public places. !L)Any woman or girl who carries on prostitution, and the person with whom such prostitution is carried on, in any premises which are within a distance of two hundred yards of any place of public religious worshtp, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police of District Magistrate in the manner prescribed, shall be punishable with imprisonment for a term which may extend to three months.GlAny person who- (4lbeing the keeper of any public place knowingly permits prostitutes for purposes of their trade to resort lo or remain in such place, or /bJ being the tenant, lessee, occupier or person in charge of any premises referred to in sub-section (7) knowingly permits the same or any part thereof to be used for prostitution; or Gl being the owner, lessor or landlord of any premises referred to in sub-section ('1), 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 may be used for prostitution, or is willfully a party to such use, shall be punishable on first conviction with \r- II a , 8 imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and also with fine whtch may extend to two hundred rupees.,' 10. The Sections 3, 4, 5, 6 and 7 of the Act deals with regard to punishment for keeping a brother or afiowing premises to be used as a brothel, punishment for riving on the earnings of prostitution; punishment for procuring, inducing or taking woman or girr for the sake of prostitution, punishment for detaining a woman or girr in premises where prostitution is carried on and punishment for prostitution in or in the vicinity of public praces. A person who visits brothel house onry as a customer is not covered by any of the above provisions or any other provision of the Act. ln the present case on hand, as per the case of prosecution, the sole allegation against the petitioner-accused No.5 is that he is a customer, which does not constitute the offences under Sections 3, 4, 5, 6 and 7 of the Act.

11. As seen from the entire case record, the police could not putforth any material to substantiate that petitioners had knowledge and/or the reason to believe that the woman was trafficked for the purpose of prostitution. Therefore, the ingredients required for constituting the offences under section 370(2) of lpc are not made out against t[re petitioner. , 9 l

12. ln view of the above discussion and having considered the fact that the petitioner-accused No.S had no knowledge that the woman was trafficked for the purpose of prostitution, this Court is of the considered view that the continuation of the proceedings against the petitioner-accused No.5 amounts to abuse of proceiss of law, therefore, the proceedings against the petitioner-accused No.5 are liable to be quashed. '13. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.S in P.R.C.No.45B of 2024 pending on the file of the learned lX Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed. As a sequel, pending miscellaneous applications, if any, shall stand closed. / To, ,TRUE COPY// Sd/. I-. VIJAYA LAXMI ASSISTANT REGISTRAR )l i|l', - SECT,ION.dFFICER HYderabad l.ThelXAdditionalChiefN4etropolitanMagistrate,Nampally, 2. The Station House Officer, Narayanaguda P^olice Station' Hyderabad District' 5. o"; CC to Sri Jakkula Laxman, Advocate [o,PUc] 4. Two ccs to pUBLtd FnosecuroR, High court for the state of relangana at HYderabad [OUT]

5. Two CD coPies' BJLB/PlP Lz I I HIGH COURT DATED:05/03/2025 ORDER CRLP.No.3168 ol 2025 CRIMINAL PETITION IS ALLOWED / ) ( ) o o IHE sIA 20 ilir ic25 t Or. .-'',/ .;/ a I h 4 / I