The High Court · 2025

2. Sri E.Shankar, S/o. Not Known, Aged major, Occ. Sub-lnspector of Police, P.S. L.B.Nagar, Rachakonda, O/o. Galleria Metro Mall, LB Nagar - Uppal Rd, Chandrapuri Colony, L. B. Nagar, Hyderabad, Telangana 500074 ...RESPONDENT/RESPON DENT ...DEFACTO COMPLAINANT/RESPONDENT No. 2 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 in PRC.No.89 of 2024 on the file of ll Additional Metropolitan Magistrate, Rangareddy District at L.B.Nagar for the offence under section 370(A) IPC and Sec 3(1X2), 4 of Prevention of lmmoral Trafficking Act 1956 and Sec 5 (1) (a) and 7 of Prevention of lmmoral Trafficking (Amendment) Act 2006 against the Petitioner/Accused No.2. l.A. NO: 2OF 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 in PRC.No.89 ot 2024 on the file of ll Additional Metropolitan lvlagistrate, Rangareddy District at L.B.Nagar for the offence under section 370(A) IPC and sec 3(1X2), 4 of Prevention of lmmoral Trafficking Act 1956 and Sec 5 (1) (a) and 7 of Prevention of lmmoral Trafficking (Amendment) Act 2006 as against the Petitioner/Accused No.2, pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Fetitioir and upon hearing the arguments of Ms. K. Kiran Mayee, Advocate for the Petitioner, Mrs. S. Madhavi, Assistant Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following: ORDER o ORDER: HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.3358 of 2025 This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS'), seeking to quash the proceedings against the petitioner-accused No.2 ln P.R.C.No.89 of 2024 on the file of the Il Additional [Vletropolitan lVlagistrate, Ranga Reddy District at L.B. Nagar, registered for the offences punishable under Sections 370(4) of IPC and Sections 3(1X2), a,5(1)(a) and 7 of the lmmoral Traffic (Prevention) Act, 1956 (for short'Act') 2 Heard Ms. K.Kiran [\/ayee, learned counsel for the petitioner and Mrs. S.ttIadhavi, learned Assistant Publ:c Prosecutor agpearing for the respondent-State and perused the record.

3. The case of the prosecution, in brief, is that, on receiving credible information about running of prostitution, the Police, L.B. Nagar, raided the premises i.e., Plot No.81, Santoshi lt/latha Colony, Hasthinapuram, L.B. Nagar and found the petitioner-accused No.2 in the capacity of 'customer' Basing on the said complaint, a case in Crime No.405 of 2024 was registered against the petitioner-accused No.2 and others, for the aforesaid offences

4. Learned counsel for the petitioner would submit that though the petitioner is innocent, he has been falsely implicated in the subject crime 2 The victim woman who was found in the premises was not a trafficked woman and since the petitioner was a 'customer', the offences alleged against him are not at all attracted. Hence, he prrayed to quash the proceedings against the petitioner.

5. On the other hand, Iearned Assistant Public Prosecutor submitted that there are specific allegations against the petitioner and the truth or othenivise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the Sessions Court, and hence, prayed to dismiss the criminal petition.

6. For the sake of convenience, Sections 370 and 370(4) of IPC and Sections 3 to 5 and 7 of the Act are extracted hereunder. using force, or any other form of coercic;n, or "370. Trafficking of a Person: (1)Whoever, for the purpose of exploitattion, (a) recruits, (b) transporis, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- Firstlv- using threats, or Secondl Thirdlv-- by abduction, or Fourthlv- by practising fraud, or deception, or Fifthlv- by abuse of power, or Sixthlv-- by inducemenl, including the giving or receiving of payment,s or benefits, in order to achieve the con.sent of arty person having control over the person recruited, lranspofted, harboured, transferred or received, commits the offence of traffickingy. Explanati on 1- 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. Explanatio n2- The consent of the victim is immaterial ,in determinittion of the offence of trafficking. (!)Whoet er commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall nof be /e-qs a 3 than seven years, but which may extend to ten years, and shall also be liable to fine. (llWhere the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be /ess 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 impisonment tor a term which shall nol be /ess tfan ten years, bul which may extend to imprisonmenl 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 impisonment for a term which shall not be less than fouieen years, but which may extend to imprisonment for life, and shall also be liable to fine. (9)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 sha// a/so be liable to fine. (Z)When a pubtic servant or a potice officer is involved in the' trafficking of any person then, such public seNant 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." ,i Section 370(A) of IPC reads as under: Exploitaliqlr et it tratteked 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 lrafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall nol be /ess than three years, but which may extend to five years, and shall also be liable to fine.

3. Punishment for keeping a brothel or allowing premises fo be used as a brothel. (1)Any person who keeps or manages, or acts or assists rn the keeping or management of, a brothel shall be punishable 4 - on first conviction with rigorous imprisonment for a term of rlot less than one year and not more than three years atnd also with fine which may extend to two thousand rupe<:s antd in the event of a second or subsequent conviction, v/ith rigorctus imprisonment for a term of nol /ess than two ye,ars u-rA uot more than five years and also with fine which may extend to t.wo thousand rupees.(2)Any person who_(a)being the tenant, lessee, occupier or person in charge of any preinises users, or knowingly allows any other person to sue, suL:h premises or any paft thereof as a brothet, o(b)being the owner, lessor or landlord of any premrses or the agent oi"u"n orrnur, b"ro, or lancllord, lets the same or any patl thereof with ute knowledge that the same or any paft thereof is intendecl to be used as a brothet, or is wiltfully a pafiy to lhe rJse of suc:h premr'ses or any part thereof as a brothel. Sha be puntishabte conviction with imprisonment for a lerm .uy extend to two years and with fine which may extend to t*o thousand rupees and in the event of a second or:;ubsequent conviction, with rigorous imprisonment for a term which may - extend to five years and also with fine.(3) Notwithstantdinq anything contained in any other law for the iime being in force,, on conv.iction of any person referred to in clause (a) or clause (b) of sub-section (2) of any offence under th"t ,n respect of any premises or any pad thereof, any lease or agreement under which such premises have been ,teased out or are held or occupied at the time of the commission of th(, offence, shall become void and inoperative with effect front the.date of the said conviction "un_"""tijn '*h,i"n .first

4. Punishment for living on the earnings of prostitution. (1)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 t:lhich may extend to two years, or with fine which may extend to one thousand rupees, or with both. (2)Where any person is proved_ (a)to be living with, or to be habituatty in the company of , a prostitute; or (b)to have exercised control, direction or influence over the movement.s of a prostitute in such a manner as to show that such person is aiding, abetting or compelting her prctstitution; (")ro.. U." ac:ting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingry tiving on the earnings of prostitutiotn of another person within the meaning of sub_section (1);provided 5 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. Procuring, inducing or taking woman or girl 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 purpose of prostitution; or (b)induces a woman or girl to go from any place, with the intent that she may for the puryose of prostitution become the inmate of, or frequent, a brothel; or (c)takes or attempts to take a woman or girl, or causes a woman or girt 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; shatl be punishable on first conviction with rigorous imprisonment for a term of not /ess than one year and not more than two years and also with fine which may extend to two thousand rupees. (2)tn the event of a second or subsequent conviction of an offence under this section a person shall be punishab[g with rigorous impisonment for a term of rlot /ess than two yeais and not more than five years and also with fine which may extend to two thousand rupees. (3)An offence under this section 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 woman or girt is made; or(b)in the. place to which she may have gone as a resutt of the inducement or to which she is taken or caused to be taken or an attempt to take her is made.

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 worship, 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 Potice of District Magistrate in the manner prescribed, shall be punishabte with imprisonment for a term which may extend to three months.(2)Any person who-(a)being the keeper of any public place knowingly permffs prosf,tutes for purposes of their 6 -or(c)being le yseo ro, piitiiutio,ri, trade to res6ft to in such place; o(b)being the tenant, tessee, o""r?:,^:?-"'' u. i ! S [.:',i ;' ;: :;; ; ;" #i,,i;l,, i,i., {"iT J "i re re r re d, ",, ", any part thereof to owner, lessor or landlord of any p,remises ,",f"i*O to in sub- section (1), or the asent of suci o*ner, L""J)1lrr'ruranra, rct, the same or any pai thereof with ,i" fr"*iig",' ,Oat the same i::1,':!":i,'ii{i;::;e';::::;r;:::'t*:,"|i:jy;;lti rmprr:;onment for a term to in,.J" months, or rltit!, rine which may exte-nd to ,i" nrii*,,ri.ees, or with both, and in the event or , """ora ;;,; ;;;o*r;:;, conviction with irnprisonment for a term *n,"i ,"iZri"loio ,ir no,rtn" and atso with fine which may exteno to-i,o"i"unii ,rpu"" "rt"rA :ilhich 7 To invoke the provision of law under Section 370(4) of lpC, there shourd be proof to show that trafficking of a person and engagement of such person for sexuar exproitation by any one, knowingry or having reason to believe that such person has been trafficked So, it is for the prosecution to bring on record the evidence that there is a reason inter aha to believe that the victim is trafficked by engaged persons for sexual exploitation. Since no material is produced by the prosecution to prove that the victim woman was trafficked, she was engaged for sexuar exproitation and as the petitioner had no knowredge that the victim woman was trafficked for the purpose of prostitution, the proceedings against the petitioner for the offence under Section 370(4) of lpC, are liable to be quashed. B' sections 3 to 5 and 7 0f theAct dears with regard to punishment for keeping a brothel or allowing premises to be used as a brother, punishment for living on the earnings of prostitution; punishment for procuring. inducing or taking woman or girr for the sake of prostitution and carrying prostitution 7 rn or in the vicinity of public places. There are no allegations against the petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured or induced a woman or girl for doing prostitution and he is carrying prostitution in or in the vicinity of public places. The only allegation against the petitioner is that he was found at the premises in the capacity of 'customer', hence, the proceedings against the petitioner for the said offences are also liable to be quashed. I ln view of the aforesaid discussion, the proceedings against the petitioner-accused No.2 in P.R.C.No.B9 of 2024 on the file of the ll Additional [\Ietropolltan N4agistrate, Ranga Reddy District at L.B. Nagar, are hereby quashed. '10. Accordingly, this Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed. \ To, SD/- N SRI HARI, ASSISTANT REGISTRAR. //TRUE COPY// S CTION OFFICER at LB Nagar. 1- The_ll Additional Metropolitan Magistrate at cyberabad, Ranga Reddy District 2. The Station House Offlcer, LB Nagar police Station, LB Nagar, Rachakonda 3. Two ccs to the Public prosecutor, High court for the Staie of relangana at 4. One CC to Ms. K. Kiran Mayee, Advocate [OpUC] 5. Two CD Copies Hyderabad. [OUT] o VH HIGH COURT DATED: 071031202s I ORDER CRLP.No.3358 ot 2025 He S r,1f L1 o ) o o 1 ? t{Af ?025 + -.ir' -8.1'.:;r 1 1 \<a:r:---:i,i.- f, v o .|, $ ALLOWING THE CRIMINAL PETITON w ^ €