The High Court · 2025

Petition under Section 482 of Cr.P.C under section 528 of B.N.S.S., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to Crime No. 94 of 2024 oI P S Madhura Nagar. Hyderabad, TS, on the file of Honorable XIV Addl., Chief Metropolitan Magistrate, Hyderabad, TS and quash the same against the p etitio n e r/acc u sed No. 3. l.A. NO: 1 OF 2025 Petition under Section 528 of B.N.S.S., 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 arrest of the Petitioner/ Accused No. 3 in Crime No. 94 of 2024 of P S Madhura Nagar, Hyderabad, TS, on the file of Honorable XIV Addl., Chief Metropolitan Magistrate, Hyderabad, TS, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BETHI VENKATESWARLU, Advocate for the Petitioner and Smt. S.MADHAVI, the Assistant Public Prosecutor for the State of Telangana on behalf of the Sole Respondent. The Court made the following: ORDER E THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI I}RIMINAL PETI TION No .3334 ot 2025 ORDER This Criminal Petition is filed by the petitioner_accused No.3 to quash the proceedings against him in FIR/Crime No.94 of 2024 on the fiie of the Station House Officer, Madhura Nagar Police Station, Hyderabad. The offences alleged against petitioner are under Section 370, 370(4)(2) of the lndian Penal Code (for short ,tpC') and 3, 4, 5 of the lmmoral Traffic (Prevention) Act, 1956 (for short ,the Act,)

02. Heard Sri Bethi Venkateshwarlu, learned counsel for petitioner and Smt.S.Madhavi, learned Assistant public Prosecutor for the State.

03. ln brief, the case of the prosecution is that the Police, received credible information about running of brothel house and raided the premises at Flat No.104, Mohammed Castle Apartment, Madhura Nagar, Hyderabad and found thal accused Nos.'1 and 2 were organizing brothel house and petitioner-accused No.3 is the customer of the said brothel house. 2

04. Learned counsel for petitioner submitted that the woman who was found with petitioner is not a trafficked woman and petitioner is nothing to do with the alleged offences. The ingredients of the offence under Section 370, 370(A)(2) of IPC and 3,4, 5 of the Act does not attract to the present case on hand. Thereby, he prayed to quash the criminal proceedings against the petitioner.

05. Learned Addltional Public Prosecutor for the State submitted that there are specific allegations against petitioner and the truth or otheruise 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 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- Firstlv- using threats, or Secon coercton, or using force, or any other form of Thirdlv- by abduction, or Fo u rth l v-c-du. p ract i si n g f ra u d. o r de ce pli o n. o r I 3 by abuse of power, or Fifthl Sixthlv- by inducement, inctuding the giving or receiving of payments or benefits, in order to achieve the consent of any person having controt over the person recruited, transported, harbourecl, lransferred or received, commits the offence of traffickng Explanation 1- The expression "exploitation, shall include any act of physicat exploitation or any form of sexual exptoitation, 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 <tf trafficking (2)Whoever commits the offence of trafficking shall 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. Q)Where the offence involves the trafficking of more than one person, it shall be punishabte with rigorous imprisonment for a term which shall not be /ess than ten years but which may extend to imprisonment for life, and shalt also be tiable to fine. (!)Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shail nof bL /ess than ten years, but which may extend to imprisonment for tife, and shall also be liabte to (!)Where the offence involves the trafficking of more than one minor, it shalt be punishable wittt rigorous imprisonment for a term which shall not be /e.ss than fourleen years, but which may extencl to imprisonment for life, and shail also be liable to fine. 4 (!)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 remainder of that person's natural life, and shall also be liable to fine. (f)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 impisonment for the remainder of that person s natural life, and sha// aiso be liable to fine."

07. Section 370(,4) of IPC reads as under EXp loitation 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 /ess 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 nof t'e /ess 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 \ .,- 5 I prosecution. victim was doing prostitution for the sake of

09. Now coming to Sections 3, 4, S of the Act, the provisions in detail are extracted below:

3. Punishment for keept nct a brothel or allowin premises to be usedasab rothel. aA ny person who keeps or manages, or acts or assrsls in the keeping or management of . a brothel shail 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 subseqtrcnt conviction, with rigorous imprisortment for a term of nof /ess thin two years and not more than five years and atso with fine which may extend to two thousand rupees. (Z)Any person who- (a)being the tenant, /essee, occupier or person in charge of any premises, uses, or knowingty allows any other person to sue, such premises-or any part thereof as a brothel, or (Q)being the owner, /essor or landlord of any premises or the agent of such owner, lessor or. landlord, lets the same or any paft thereof with the knowledge that the same or any patt thereof is intendecl to be used as a brothel,'or is witfuily a pafty to the use of such premises o, "ry [u,t 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 igorous imprisonment for a term whici mary extend to five years and also with fine. 6 (!)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 paft thereof, any lease or agreement under which such premises have been leased out or are held or occupied at the time of the commiss,ion of lhe offence, shall become void and inoperative with effect from the date of the said conviction. 4. Punishment for livinq on the earninosof prostitution. (l)Any 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 thousancl rupees, or with both. {!)Where any person is proved- {a)to be living with, or to be habitually in the company of, a prostitute; or (b)to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person ls 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, until the contrary is proved, that such person is knowingly tiving on the earnings of prostitution of another person 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. Pro cufln for the sakeoforostitution. (1)Any person who- inducinq or takinq woman or girl / 7 1 (a)procures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or (!)induces a woman or girl to go from any place. with the intent that she may for the purpose of prostittrtion become the inmate of, or frequent, a brothel; or (p)takes or attempts to take a woman or girl, or cause.s 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 nol /ess than <tne year and not more than two years and also v'titlt 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 punishable with rigorous imprisonment for a term of not /ess than two years and not more than flve years and also with fine which may extend to two thousand rupees. (!)An offence underthis secflon shall be triable- (a)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 wornan or girl is made; or (!)in the place to which she may have gone as a result of tlte 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 \ 8 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 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 the petitioner does not constitute the offences under Sections 3, 4, 5 of the Act

11. As seen from the entire case record, including the contents of FlR, the victim disclosed that the petitioner is a customer and she clearly stated that she joined brothel house and given her willingness to do sex with the customers and' she collected money from the petitioner herein. Furthermore, there is no allegation in the FIR that the petitioner 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 offences under Sections 370, 370(4)(2) 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 I 9 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 FIR/Crime No 94 of 2024 on the file of the Station House Officer, [Vladhura Nagar Police Station, Hyderabad, are hereby quashed As a sequel, pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Si,l/- MOHD. ISMAIL ASSISTANT REGISTRAR I \ SECTION OFFICER

1. The XIV Additional Chief Metropolitan Magistrate, Hyderabad. 2. The Station House Officer, Madhura Nagar Police Station, Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to SRI BETHI VENKATESWARLU, Advocate IOPUC] 5. Two CD Copies Hyderabad (OUT) \ To PR I HIGH COURT DATED:0710312025 ORDER CRLP.No.3334 of 2025 1HE S I.r1 ra t ? !) ? 5 APn ?025 * i-i l-' ri tl."\ ALLOWING T'HE CRL.PETITION 6 t