High Court · 2025

PetitionunderSection52EofBNSS.,prayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pi""i"J t" Quash the petitioners /accused No. 4 in sc No. 571 ot 2023 on lhe Fie of tne Court of the ll Additional Junior Civil Judge Cum X Addltional rvr"lroporitrn Magistrate cyberabad at Kukatpally, Medchal Malkaigiri District in the interest of lustice. r.A. NO :2OF 2025 PetitionunderSection52BofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pi."*J t" gri"t stay of all further proceedings, of th.e petitioner /Accused No. 4 in b6 No. 57f"ot zOZi On the File oi tne Court of the ll Additional Junior Civil Judge Cum X Additional Metropolitan Magistrate Cyberabad at Kukapally' Medchal Malkajgiri District pending disposal of the Main Crl' Petition' This Petition'coming on for hearing, upon perusing the Memorandum of GroundsofCriminalPetitionanduponhearingtheargumentsofSriAmbedkar Dunna, Advocate for the Petitioner and of Sri Jithender Rao Veeramalla, learned Addl Public Prosecutor on behalf of the Respondent No 1 ' The Court made ttie following: ORDER ,1 THE HONOURABLE SMT. JUSTICE JUWADISRIDEIVI CRIMINAL PETITION No. 3230 ot 2025 ORDER This ()-inlnal Petition is filed under Section 528 the Bharatiya Nagarik Surakr;h,a Sanhita, 2023 (for short 'BNSS,) by petitionei_ accused No.4 k),1uash the proceedings against him in S(l No.571 of 2023 on the filer ,:rf the learned ll Additional Junior Civil Judge cum X Additional Met'r>politan Magistrate cyberabad at Kukatpally Medchal Malkajgiri Distrir:t The offences alleged against petitioner are under Section 370 lIl0A of the lndian penal Code (for short ,pC.,) Sections 3, 4 er,d 5 of the lmmoral Traffic (prevention) A:t, 1956 (for short 'the Act').

02. lleard Sri D.Ambedkar, learned counsel for petitioner and Sri Jithend,-.r [1ao Veeramalla, learned Additional publi() F,rosecutor for respondent llo 1 - State and perused the record.

03. lr irrief, the case of the prosecution is that the police, Bachupally Polir:e station received credibre information abort running of brothel house anC raided the premises at plot No.4g, :2nd floor, Nizampet, Bar:hr-paily and found that accused No.1 is organ zirrg brother house, accused \o.2 is the co-organizer and accused Nos.3 .nd 4 are customers of thr: said brothel house, wherein accused lrlo 4 is the petitioner herein 2

04. Learned who was found with ,",:,:"::"::::::[]::,*". and petitioner is noth. ingredientsor*,"onen"l thar the woman tot a trafficked woman 9 to do with the alleged offences rhe under section 370' 370-4 of lPc and sections not attract to the present case on hand. 3,4 and 5 of the oo o, Thereby, he prayed ,,'"t > quash the criminal proceedings against petitioner-accused No.4. l i I i

05. Learned Additional Public prosecutor submitted that there are specific truth or otherwise would come ou by the concerned Court below for. the State allegations against petitioner and the t only after conducting full_fledged trial and prayed to dismiss this Criminal l j Petition.

06. In view of the above facts and circumstances of the case' it is relevant to extract the provision under Section 370 0f rpc: "370' Trafficking of a person: (l)whoever, for the ;ffi: "l;xproitation' (a) recruits' (b) transports, nsfers' or (e) receives' a person or persons, by- ErsA_ using threats, or Secondl using force, or any other form of coercion, 1c, Ib!!!ly- by abduction, or Fo by practising fraud, or deception, or ! 3 EiAAy- by abuse of power, or Sixthl by inducement, including the giving or receiving of payments or benefits, in order to ar;hieve the'crnsent of any person having control over the persorr rr:cruited, transported, harboured, transferre<l or received, :ommits the offence of trafficking. E4plary.tlon 1- The expression "exploitation" shall includ,: a ny act of physical exploitation or any fc,rn of sexua exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs ation 2- The cons ent of the victim is immaterial in deterrmination of the offence of trafficking. t/2)Vr/hrever commits the offence of trafficking shall be' punished with rigorous imprisonment for a term ruhich shall rrct be less than seven years, but which nray extenc to ten years, and shall also be liable to fine @)\A/here the offence involves the trafficking of m,:re than orre person, it shall be punishable with rig trr:us imprisonntent for a term which shall not be less than.ien years b ul which may extend to im.prisonment fo. I fe, and sha ll also be liable to fine. (!)\Nhere lhe offence involves the trafficking of a nrincr, it shall ce, punishable with rigorous imprisonment for a term which shall not be less than ten years, but lvhrch may e><rend to imprisonment for life, and shall also ce liable to fine. (flWhe're the offence involves the trafficking o1. rcrre than ore rninor, it shall be punishable with rigoror:s imprisor n ent for a term which shall not be less th;rn 4 fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (Qlf 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. ft)When 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 trafficked 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 Iess 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 w-th 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 5 fraud or deceptic,n rtr by abusing of power or by inducing ,)an only be termed as a 'traf icked person'. ln the present case, even arcc,ording to the statement cf sex worker, nothing was stated with rr:gard to trafficking

09. Nc,w coming to Sections 3, 4 and 5 of t,e Act, the provisions in detitil irre extracted below be used as a brothel.

3. Punts;hment for keepinqa brothel or allowinq premtse.s to /7JAny p,glsen who keeps or manages, or acts (jr assists ir the keeping or management of, a brothel shall be pur,ishable on first conviction with rigorou s imprisonrnent for a term of not less than one year anrl not morer than three years and also with fine which rna,y extend to two thousand rupees and in the event of ,r second or subsequent conviction, with rigor:u,; imprison rrent for a term of not less than two years :lnrJ not more, than five years and also with fine which nra,,r extend tc, tr,t,o thousand rupees. @/Any pr:rs,tn who- (e/being the tenant, Iessee, occupier or person ir, charge of any premises, uses, or knowingly allows arn1, other person to sue, such premises or any part thereo- as a broth (b)being the owner, lessor or landlord of any premises or the agenl of such owner, lessor or landlord, lets the same or antt parl thereof with the knowledge that the same or any part thereof is intended to be used as a =1, 6 brothel or is wilfully a party to the use of such premises or any part thereof as a brothel. S hall be punishable first co nviction with irnp flsonrnent for a term which may extend to two years an d with fine which may extend to two thousand rupees and in the event of a second or rmprisonment for a subsequent term which may extend @Notwithstanding for the ti referred to rn clause (a) or ct of any offe Prernises or any part there under which such premise held or occupied at the tj offence shall become voi date of the said conviction, with rigoro us to five years a nd also with fine. thing contain ed in any other law n conviction of any person ause (b) of sub_section (2) nce under that sub-section in respect of any o1, any lease or agreement s have been leased out or are me of the commission of the d and inoperative with effect me being in force o from the conviction on the earnln

4. P ro.s n. Q)Any person over th tnowinsry,,,;; ;;",,, prostitution ": eishteen years who on the earninss or the xtendto."";;;;.#;::T, ,:i :t "r . ;;;;':lii:tl girl shall be punishabre irnpiisonrnent r", ,"-',ol " or with fine *n.n;";'"*ich mav extend to two ,l orwithboth. (l)Where any perso Q)to be living with, of, a prostituts; (b)to have exercised the movemgnls .1 . or to be habitually in the company direction or influence over prostitute in such a manner as to n rs proved_ -control, 6r l shou/ tlat such person is aiding, abetting or compell ng her prc s;tilution; or @)to trr: acting as a tout or pimp on behalf of a prostitule, it shall be presumed, until the contrary is proved, that such person is knowingl! living orl the earninly s of prostitution of another person withirl the meanirrr; ,rf sub-section (1 ):Provided that nc stlch presunr ction shall be drawn in the case of a st>n or daughterr of a prostitute, if the son or daughter is bel,rw the agr> ol eighteen years. 5. Procurinq, inducing or takinq woman or qirl for the sake of prostitution. (l/Any person who- (a)proc,ures or attempts to procure a woman ot g1irl, whetherr vrith or without her consent, for the purpcse of prostitLrlior , or (b,lindl<;es a woman or girl to go from any place rn,ith the int,:nt that she may for the purpose of prostilutron become the inmate of, or frequent, a brothel, or (q/takes; c)r attempts to take a woman or girl, or caruses a wometn or girl to be taken, from one place to another with a \/iew to her carrying on, or being brought up to carr!, orr prostitution; or /d)cau:;es or induces a woman or girl to carry on prostitulion,shall be punishable on first conviction ra,ith rigorou s; rm prisonment for a term of not less tharr c,ne year and not more than two years and also witlr f ne which rrra'y extend to two thousand rupees. (2)ln tt,e r:vent of a second or subsequent conviction of an offe nr;e under this section a person sha I be 8 punishable less than two y also with fine rupees ngorous imprisonment ears and nor more *r" i"i;::JTT which may extend to tuo thousand be triable_ a woman or girl is procured, caused to be taken or from ure or take such woman or girl @lAn offence under this section.shall (a)in the place from whic induced to go, taken o;h which an ,n"rr, ," ,a.- is made; or (L)in the pte of the inducr be taken or lr"n,or 10. The Sections 3, 4 andS of the ro which .;" rn attempt to take her is made. e to which she may hal " ;;:;:T.:j:j " " '., punishment for keepino brother, punishment ,o'' tne Act deals with regard to o-;.; ^.:: oto'n"' or allowing premises to be used as a r living on the earnings of prostitution; punishment for procuring, inducing or taking woman. or girl for the sake of prostitution' There are no allegations against petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured girl for doing prostitution. rn the present case on hand, as per the case of prosecution' the sore a'egation against petitioner-accused No.4 is that he is a customer. Therefore, flre allegation against petitioner does not constitute the offences under Sections 3, 4 and 5 0f the Act. 11 . As seen from statement of the victim recorded the entire case record, including the under Section 16.1 of Cr.p.C., discloses =-.!&E+_ 9 that petitioner' ac,:used No.4 is a customer. Furthermore, ;rt .:he stage of filing of the FrR or during the course of investigation or rhrough the averments of the charge sheet, the police could not putforth any material to sr- bstantiate that petitioner-accused No.4 hard knowledge I and/or the Te:r;or to believe that the women were trafliclred for the purpose of prostitution. Therefore, the ingredients requirecl t<i constitute the offence r-rncer Section 370, 370-4 of rpc are not made out against the petitioner. 12 l r view of the above discussion and havin 3 (:onsidered the fact that th 3 petitioner-accused No.4 had no knowredg,: that the woman was trafficked for the purpose of prostitution, this court is of the considered vierv that the continuation of the proceed ngs against petitioner-accus;r:d No.4 amounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.4 are liarble to be quashed.

13. lr:cordingly, this Criminal petition is allowed and the proceedings ag;rinst the petitioner-accused No.4 in SC No.57 r of 2023 on the file c,f ther learned ll Additional Junior Civil Jutigr,r cum X Additional ft4etrrccrrtan tVlagistrate cyberabad at Kukatparry, rvredchar Malkajgiri District are hereby quashed. J 10 As a sequel, pending miscellaneous applications, if any, shall stand closed. //TRUE COPYII Sd/- L. VIJAYA LAXMI ASSISTANT REGISTRAR SECTI {, or{o FFICER To,

1. The ll Additional Junior Civil Judge Cum X Additional Metropolitan , Magistrate Cyberabad at Kukapally, Medchal Malkajgiri District 2. The Station House Officer, Bachupally Police Station, Cyberabad 3. One CC to Sri Ambedkar Dunna, Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies. B.ILBlplp HIGH COURT DATED:05/03/2025 OBDER CRLP.No.3230 ot 2025 CRIMINAL PETITION IS ALLOWED c ) C) L) \}- .\ u). \ aa= f-, ira I A 1t- (y ..: -I ,/ 21 firY 2025 * -\- . -_ ct'lE)