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 Charge sheet in P.R.C.No.41 of 2025 on the file of the Court of the lV Additional JUnior Civil Judge -cum- XV Addl. Metropolitan Magistrate at Kukatpally, in pursuance of FIR No 69012024 under Sections 370 (Ay(2) lPC, 3, 4, 5 PIT ACT by P.S. KPHB. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Shaik Quadri Sohail, Advocate for the Petitioner and Smt S.Madhavi Public Prosecutor (TG/AP) on behalf of the State. The Court made the following: ORDER: THE HONOURABLE SMT. JUSTICE JUWADI I;RIDEVI CRIMINAL PET ITION No.3 323 of 2025 ORDER This Criminal Petition is filed by the petitiotler-accused No.5 to quash the proceedings against him in P Fl C'No'41 of 2025 on the file of the learned lV Additional Junior Civil Judge-cum-XV Additional Metropolitan lvlagistrate at Kukatpally The offences alleged against the petitioner are under Sections 370(4)(2) of the lndian Penal Cole (for short 'lPC') and 3 4, 5 of the lmmoral Traffic (Prer'ention) Act' 1956 (for short 'the Act').

02. Heard Sri Shaik Sohail Quadri, learred counsel for petitioner and Smt.S.Madhavi, learned Assstant Public Prosecutor for the State 03 ln brief, the case of the prosecutio't is that the Police, received credible information about running of brothel house and raided the premises at Flat No.G2, (;VR Karthiks Plaza, Phase 6 KPHB and found that the accur;ed Nos l to 4 were organizing brothel house and petitioner'accused No 5 is the customer of the said brothel house. Z

04. Learned counsel for petitioner submitted that the woman who was found with petitioner-accused' is not a trafficked woman and the petitioner is nothing to do with the alleged offences. The ingredients of the offence under Sections 370(AX2) of IPC and 3, 4' 5 o{ the Act 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 Statesubmittedthattherearespecificallegationsagainstthe petitioner and the truth or othenivise would come out only after conducting full-fledged trial by the concerned Court below and prayed to dismiss thls 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 exptoitation, (a) recruits' (b) transporls' (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' 3 Thirdl by abduction, or Eourthlv- by practising fraud, or deception or Fifthlv- by abuse of power, or Sixthl by inducement, including the giving or receiving of payments or benefits, in orde, to achieve the consent of any person having contrtl over the pe rs o n re c ru ited, tra n spo rted, h a rbo u red, t r,,t n sfe rre d o r received, commits the offence of trafficking. Explanation 1- The expresslon "exploilation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices simitar to slavery, servitude, or the forced removal of crgans. Explana tion 2- The consent of the victim i:; immaterial in determination of the offence of trafficking. (2)Whoever commits the offence of trafficktng shail be punished with rigorous imprisonment for a term which shall not be /ess than seven years, but which may extend to ten years, and shall also be liable to fine (!)Where the offence involves the traffickirtg of more than one person, it shall be punishable w,th rigorous imprisonment for a term which shatt nof be /e,ss than ten years but which may extencl to imprisonment for life, and shall also be liable to fine. (!)Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisor ment for a term which shall not be /ess than ten years but which may extend to imprisonment for life, and sl,all also be liable to fine (!)Where the offence involves the traffickir;g of more than one minor, it shatt be punishable wi;h rigorous 4 .-Yl\,- l 't imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shatt atso be liable to fine' (9)tf 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 Q)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 tife, which shall mean imprisonment for the remainder of that person's natural life, and shatl atso be liable to fine " 07 Section 370(A) of IPC reads as under Ex loitation of a trafficked erson (l)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 m9y extend to seven years, and shatl 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 /ess fhan three years, but which may extend to five years, and shall also be tiable to fine' 5

08. As per Sections 370 and 370(Ar of lPC, any person by using threat or force or any form rf 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 acccrding to the prosecution, the victim was doing prostitution for the sake of 09 Now coming to Sections 3, 4, 5 c,f the Act, the provisions in detail are extracted below

3. Punishment for keepins a brotheI ar allowinq premrses to be used as a brothel. AAny person who keeps or manages, or acts or asslsls in the keeping or management of, a brothet shail be punishable on first conviction witn 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, wittt rigorous imprisonment for a term of not /ess than twr years and not more than five years and also with fine which may extend to two thousand rupees. (!)Any person who- (e)being the tenant. /essee. occupier or person in charge of any premises, uses, or knowingly allows any other person to sue, such premises or any latt thereof as a brothel. or -1 5 (b)being the owner, iessor or landlord of any premises or the agent of such owner, lessor or landlord, iels the same or any paft thereof with the knowledge that the same or any paft thereof is intended to be used as a brothel, or is wilfully a pafty to the use of such premises or any part thereof as a brothel. Shall be punishable on first conviction with impisonment 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 (!)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 premlses or any paft thereof, any lease or agreement under which such premises have been leased out or are held or occupied at the time of the commisslon of fhe offence, shall become void and inoperative with effect from the date of the said conviction.- 4. Punishment for living on the earninqs of prostitution. AAny person over the age of eighteen years who knowingly lives, wholly or in paft, 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- 7 (a)to be living with, or to be habitually in tie company of, a prostitute; or (b)to have exercised control, direction or inf,tuence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or (s)to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, untit the :ontrary is proved, that such person is knowingly livtng on the earnings of prostitution of another person within the meaning of sub-section (1):provided that no such presu mption shall be drawn in the case oi a son or daughter of a prostitute, if the son or daughh:r is below the age of eighteen years. 5. Procurinq, inductnq or takinq woman or qirl for the sake of prostitution. (1)Any person who- (a)procures or attempts to procure a woman or girl, whether with or without her consent, for the S,urpose of prostitulion, or (b)induces a woman or girl to go from any place, with the intent that she may for the purpose of p.ostitution become the inmate of , or frequent, a brothel; o - (p)takes or attempts to take a woman or girl, or causes a wdman or girl to be taken, from one ptace tt another with a view to her carrying on, or being broulht up to carry on prostitution; or (d)causes or induces a woman or girl to carry on prostitution;shall be punishabte on first convit tion with rigorous imprisonment for a term of nol /ess ,han year and not more than two years and also with fine which may extend to two thousand rupees. (llln 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. (!)An offence under this section shall be triable- (e)in 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 Otacg 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 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 the petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured girl for doing prostiiution. ln the present case on hand, as per the case of prospcution, the sole allegation against the petitioner-accused No.5 is that he is the customer 9 Therefore, the allegation against the petitiont,rr does not constitute the offences under Sections 3, 4, 5 of the Act.

11. As seen from the entire case record the victims joined brothel house and given their willingness to do sex with the customers. Furthermore, at the stage ol'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 the petitioner had knowledge and/or the reason to believe that the vyomen were \ trafficked for the purpose of prostitution. Th,rrefore, the ingredients required for constituting the offr:nce under I Section 370(AX2) of IPC are not made out against the petitioner.

12. ln view of the above discussion and having considered the fact that the petitioner-accus,=d had no knowledge that the woman were 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 process of lavy, therefore, 10 -.---q I 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.5 in P.R.C.No.4'1 of 2025 on the file of the learned lV Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate at Kukatpally, are hereby quashed As a sequel, pending miscellaneous applications, if any, shall stand closed ,ffRUE COPY// sd/- A.v .S. PRASAD EPUTY REGISTRAR SECTION OFFICER M etropo litan Magistrate -" *: "',, HYderabad' :I RJYi5r',il): Riiil l[,:l l ]ii'-i B?'-"e' i.T 2. The Station House Officer' KPHB Police Station' Medchal M 3. One CC to Sri Shaik Quadri Sohail' Advocate [OPUCI " ffi:t Prosecutor' Hish court ror the state or l6,f.iblic : alkaigiri District' Telangana' 5 Two CD CoPies?r HIGH COURT DATED:0710312025 ORDER CRLP.No.3323 of 2025 ,1 1rl E s t,1 /c '' o( 16 JUt'l 2ffi , n sn. ir t'i.t ts t ALLOWED THE CRIMINAL PETTTION (tr 5