The High Court · 2025

This Petition coming on for hearing, upon perusing the tvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri DUNNA AMBEDKAR, Advocate for the Petitioner and Sri JITHENDER RAO VEERAI\IALLA, Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITI ON No.3267 ot 2O?5 ORDER: This Criminal Petition is filed under Section 528 the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS,) by petitioner_ accused No.3 to quash the proceedings against him in SC. No.571 of 2023 on the file of the learned ll Additional Junior Civil Judge cum X Additional Metropolitan [\4agistrate Cyberabad at Kukatpally, t\4edchal Malkajgiri District. The offences alleged against petitioner are under Section 370, 370,4 of the lndian penal Code (for short ,lpC,) Sections 3,4 and 5 of the lmmoral Traffic (prevention) Act, 1956 (for short'the Act').

02. Heard Sri D.Ambedkar, learned counsel for petitioner and sri Jithender Rao Veeramalla, learned Additional public prosecutor for respondent No.1 - State and perused the record.

03. ln brief, the case of the prosecutron is that the police, Bachupally Police station received credible information about running of brothel house and raided the premises at plot No.49, 2nd floor, Nizampet, Bachuparry and found that accused No.1 is organizing brother house, accused No.2 is the co-organizer and accused Nos.3 and 4 are customers of the said brothel house, wherein accused No.3 is the petitioner herein. I i l i i i ;|1 7 04 Learned counsel for petitioner submitted that the woman who was found with petitloner-accused No'3 is not a trafficked woman and petitioner is nothing to do with the alleged offences The ingredients of the offence under Section 370, 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 criminal proceedings against petitioner-accused No. 3

05. Learned Additional Public Prosecutor for the State submitted.thattherearespecificallegationsagainstpetitionerandthe truth or otherwise would come out only after conducting fullJledged 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 IPC: "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- Firstl using threats, or using force, or any other form of coercion, Secondl by abduction, or Thirdl Fourthlv- by practising fraud, or decePtion, or 3 Fiftht by abuse of power, or Sixthl 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.. Explanation1- 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. Explanation 2- The consent of the victim is immaterial in determination of the offence of trafficking. t'2)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. (QWhere the offence involves the trafficking of more 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 imprisonment for life, and shall also be liable to fine. (4)Where 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 rigorous imprisonment for a term which shall not be less than i I I I l I I : I ; I l i I i I I I t i,' 4 fourteen years, but which may extend to imprisonment for life, and 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 imprisonment for the remaindei of that person's natural life, and shall also be liable to fine. (/lWhen 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(A) of IPC reads as under Exploitation of a trafficked person (!)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 be less than five years, but which may extend to seven years, and shall also be liable to fine. @)Whoever, 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.

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 l { ./ 5 fraud or deception or by abusing of power or by inducing can only be termed as a 'trafflcked person'. ln the present case, even according to the statement of sex worker, nothing was stated with regard to trafficking

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 allowing premises to be used as a brothel. (l)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 extend to two thousand rupees and in the event of a second or subsequent conviction, 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. (2)Any person who- (a,lbeing the tenant, lessee, occupier or person in charge of any premlses, 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, Iessor 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 ! 6 brothel, or is wilfully a party to the use of such premises or any parl 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. p)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 urnder 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 prostitution. (l,lAny 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, livinq on the earninqs of or with both. @\Nhere any person is Proved- (e,lto be living with, or to be habitually in the company of, a prostitute; or (!,lto have exercised control, direction or influence over the movements of a prostitute in such a manner as to l show that such person is aiding, abetting or compelling her prostitution; or (g.,lto 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 perso4 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 eighteen years. 5. Procurinq, inducinq or taking woman or qirl for the sake of prostitution. filAny person who- (4,,lprobures 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 become the inmate of, or frequent, a brothel; or (g,,ltakes or attempts to take a woman or gid, 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 /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 8 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. @lAn offence under this section shall be triable- (4lin 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.

10. The Sections 3, 4 and 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 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. ln the present case on hand, as per the case of prosecution, the sole allegation against petitioner-accused No.3 is that he is a customer. Therefore, the allegation against 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 recorded under Section 161 of Cr.P.C., discloses ! If 9 that petitioner-accused No.3 is a customer. Furthermore, at the stage of filing of the FIR or during the course of investigation or through the averments of the charge sheet, the Police could not putforth any material to substantiate that petitroner-accused No.3 had knowledge and/or the reason to believe that the women .wer'e trafficked for the purpose of prostitution. Therefore, the ingredients required to constitute the offence under Section 370,370-A of IPC are 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 trafficked for the purpose of prostitution, this Court is of the considered view that the continuation of the proceedings against petitioner-accused 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 is allowed and the proceedings against the petitioner-accused No.3 in SC No.571 of 2023 on the file of the learned ll Additional Junior Civil Judge cum X Additional Metropolitan Magistrate Cyberabad at Kukatpally, ti4edchal tt/alkajgiri District, are hereby quashed 10 As a sequel, pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/- K AMMAJI Alsl{TANT REGISTRAR l\\ \ =s 'f \secrroru oFFlcER To 1 2 2 4 5 ,t-tiitt$i*$ffi-l,mf$#dtfg,fl!:l'a{-ivberabad Two CD CoPies RC/PR HIGH COURT DATED: 0510312025 ORDER CRLP.No.3267 o12025 oB 1He SI4 7 .tl ( 23 npn zw * sP,qrctt r-$ ( c {-t ACCORDINGLY, THIS CRIMINAL PETITION IS ALLOWED / 1z ,<b /3,z.tE