The High Court · 2025

State of Telangana, Represented by Public Prosecutor, High Court Of Judicature. Hyderabad. ...Petitioner/Accused No.4 ...RespondenUDe-facto Complainant Petition under Section 528 of BNSS praying that in the circumstances . stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CrlFlR.No.374 of 2024 for the alleged offences under Sec. 370, 370 (A)1(2) IPC, 3,4,5 PIT ACT on the file of the P.S.Madhapur against the petitioner/Accused No.4. l.A. NO: 2 OF 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 including personal appearance of the petitioners/Accused No.4 in CriFlR.No.374 of 2024 for the alleged offences under Sec. 370, 370 (A) l(2) lPC,3,4.5 PIT ACT on the file of the P,S.[/ladhapur, pending disposal of the main petition. This Petition coming on for hearing, upon perusing the ltilemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Avula Sriramulu, Advocate for the Petitioner and Sri M Vivekananda Reddy, Assistant Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER THE TI,ONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3955 OF 2025 ORDER: This Crj.mina-l Petition is filed by the petitioner/accused No.4, seeking to quash proceedings in Crime No.374 of 2024, on the frle of the Police Station, Madhapur.

2. Heard learned counsel for the petitioner and Sri M.Vivekan.anda Reddy, iearned Assistant Fublic prosecutor for the respondent - State. Perused the record.

3. The petitioner herein is arrayed as A-4 in the charge sheet filed by the Police for the offences under Sections 370, BZO(A)(2) of IPC and Sections 3, 4, and 5 of Immoral Traffic (prevention) Act, 1956, (for short 'the Act). According to the case of the prosecution, on 26.03.2024 at about 02:OO hours, upon receiving information that prostitution is going on in Flat No. 1O2, First lfoor of west front Shalgra Apartment, Road No.1, Kaktiya (Kavuri Hills), madhapur, Serlingampally, Hyderabad, Superior Officer, along with his staff, went to the place and found that some acctlsed persons were involved in prostitution and accused No.4 was found at the scene. The only 1i I I 2 allegation against this petitioner is that he was found in the premlses.

4. Section 37O of IPC reads as under: "(l)Whoeuer, for tlrc purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receiues, a person o, p.r"ont, by-First.- using tlreats, Secondly.- using force, or anA other form of coercion, or Thirdlg.- by abduction, or Fourthll4.- bg practising fraud, or deception, or Fifihlg.- by abuse of pouer, or Sirthlg.- by inducement, including the giuing or receiuing of pagments or benefits, in order to achieue the consent of ang person hauing control ouer the person recruited, transported, harboured, transferred or receiued, commits the offence of trafficking.

5. Section 370(A) (2) of IPC reads as under:- "Whoeuer, knou.tinglg bg or hauing reason to belieue that a person has been tralficked 1, engages such person for sexual exploitation in ang manner, shall be punished With igorous impisonment for a term uhich shall not be less than three gears, but which mag ertend to fiue years, and shall also be liable to fine." 3

6. Perusal of the above Sections reveal that none of the ingredients of said Sections are attracted against this I petitioner.

7. Sections 3, 4 and 5 ofthe Act reads as under:- "3. Punishment for keeping a brothel or premises to be used as a brothel. allowing ll)Ang person who keeps or manages, or acts or assisfs in the keeping or management of, a brothel shall be punishable on first conuiction with rigorous impisonment for a tenn of not less tLran one year and not more than three gears and also u.tith. fine which mag ertend to tulo thousand- rupees and in the euent of a second or subsequent conuiction, uith igorous intpnsonment for a term of not less than tuo Uears and not mcre than fiue Aears and also ulith fine uth.ich mag extend to ttuo tLLousand rupees. l2)Ang person utho- {g)being the tenan\ Iessee, occupier or person in charge of ong premi:;es, uses, or knowinglg allows ang other person to sue, such premises or ang part thereof as a brothel, or fu)being the otuner, lessor or landlord of ang prernises or the agent of such ouLner, Iessor or landlord, lets the same or ang pdrt th,ereof with the knowledge that the same or ang port therecf is intended to be used as a brothel, or k wilfullg a partA to the use of such premises or ang part thereof as a brothel.Shttll be punishable on first conuiction with imprisonm,znt for o term uhich mag ertend to tuo Aears and utith fine u.thich may extend to two thausand ru1)ees and in the euent of a second or subsequent conuiction, with igorous imprisonment for a term uhich mag extend to fiue gears and also u.tith flne. (3)Notu.tith:;tanding angthing contained in ang otLrcr taut for the time beting in force, on conuiction of ang person refened to in clause (a) or clause (b) of sub-section (2) of ang offence under that sub-sectton in respect of ang premises or anA part thereof, ang lease or agreement under uhich such premises haue been leased out or are held or occupied at the I I 4 time of the commission of the offence, slwll become uoid and inoperatiue uith effect from the date of the said conuiction. 4. Punishment for liuing oft the earnings ot prostitution. ll)Ang person ouer the age of eighteen Aears who knowinglg liues, uholly or in part, on the earnings of the prostitution of a woman or girl shall be punishable with impisonment for a term which mag ertend to tuo Aears, or uith fine u-thich mag ertend to one thousand rupees, or with both.'. l!)Where anA person i.s proued-lg)to be liuing uith, or to be habituallg in the compang of, a prostitute; orlb)to haue exercised control, direction or inJluence ouer the mouements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; orlp)to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proued, that such person is knotuinglg liuing on the eamings of prostitution of another person tuithin the meaning of sub-section (1): Prouided that no such presumption shall be dra utn in the case of a son or daughter of a prostitute, if the son or daughter is below the age of eighteen gears. 5. Proc'uring, inducing or to.king wornan or girl for the sake of prostitution. ll)Ang person uLho-lcb)rocures or attempts to proanre a tDoman or girl, uhether tuith or tuithout her consent, for the purpose of prostitution; orlb)induces a woman or girl to go from any place, uith the intent that she mag for the purpose of prostitution become the inmate of, or frequent, a brothel; orlg)takes or attempts to take a woman or girl, or causes a u)oman or girl to be taken, from one place to another with a uiew to her carrying on, or being brought up to carry on prostitution; orftl)causes or induces a. u)oman or girl to carry on prostitution; shall be puni.shable on first conuiction urith igorous imprisonment for a term of not less than one gear and not more than tuo llears and abo uith fine which mag ertend to two tltousand rupees. l2)ln the euent of a second or subsequent conuiction of an offence under this section a person shall be puni.shable utith igorous impisonment for a term of not less than tuo gears and not more than fiue gears and also uith fine which may extend to two thousand rupees. l3)An offence under this section slnll be tiable-(t)in the place from wfuich a woman or girl i-s proanred, induced to go, taken or caused to be taken or from which an attenpt to procu-re or take such utoman or girl is made; or(b)in the place to tuhich she mag haue gone qs a result of the inducement or 5 to which she is taken or caused to be taken or an attempt to toke her is made. B. A plairr reading of the above would make it clear that Sections 3, 4. and 5 of the Act do not attract customers, who approach a brothel house or a woman in prostitution.

9. As per the prosecution, the petitioner/A-4 was found on the said premises in the capacity of a customer. In view of the above discussion and provision of law, this Court is of the considered opinion that continuation of proceedings against petitioner/A-4 under Sections 370 and 370(A)(2) of IpC and Sections 3, 4 and 5 of the Act, are undesirable and tJre same are liable to be quashed.

10. Accordingly, the Criminal Petition is allowed. Consequently. the proceedings against the petitione r / A-4 in Crime No.374 of 2024 are hereby quashed. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/- A.V.S. PRASAD .. DqrruTY REGTSTRAR SECTION OFFICER l -( To, \

1. The X Additronal Metropolitan Magistrate, Cyberabadvat KUkatpally 2. The station House Officer, Madhapur police Station, Cyberabad 3. Two ccs to the Pubric Prosecutor, High court for the State of rerangana at 4. One CC to SRt AVULA SRTRAMULU, Advocate [OPUC] Hyderabad (OUT) $,. S Two CD Copies ADK/gh HIGH COURT DATED:01 l0!i12025 ORDER CRLP.No.3955 of 2025 1I ilJil m ( a oF oECT H I I ALLOWING THE CRLP

4.l x \ e