The High Court · 2025

,@ 6. Simhadri Maniteia,Vicky, S/o Srinivas Rao. Age 30 years, Occ. Software, R/o 120112, 2nd floor, 8th Cross, Venkatapuram, Near Maremma Temple, Koremangla, South Bellandhur, Bangalore, Ballari, Karnataka State ...PETITIONER/A8

7. Pedinshetti Rajesh, S/o Ganapathi, Age 27 years, Occ. Biryani House, R/o Vijaynagar Colony, Raichur ...PETITIONER/A1O ...PETITIONERYAl l :li

8. Edara Ravi, S/o Ramakrishna, Age 38 years, Occ. Business, R/o Plot No.201, Flat No 202, Srinivasam Apartment, Sardhapatel Nagar, KPHB, Hyderabad ...PETITIONERIAl2

9. Pilli Govind, S/o Sathyanarayana, Age 35 years, Occ. Agriculture, r/o Lingasurugu Road, Sithanagar Camp, Kalamala, Raichur 'l0.Madamanchi Vinod Kumar, S/o Umapathi, Age 30 years, Occ. Software, R/o H.No.68, Ward No.25, Infantry Road, Siddarthanagar. Ballari, Karnataka State N/o Akshaynagara, DLF Westend Apartment, Plot No.1901 , Bangalore ..,PETITIONER/A13 .,PETITIONER/A14 1'l.Valluri Satish, S/o Venkata Rama Rao, Age 29 years, Occ. Agriculture, R/o Vijayanagar Camp, Kalamala, Raichur, Karnataka State ...PETITIONER/A.I5 AND

1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana At Hyderabad

2. The Station House Officer P.S, Moinabad, Cyberabad ...RESPONDENTS 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 prevent abuse of process of any court or otherwise to secure the ends of justice the petitioners herein filed this petition undet 482 Cr.P-C invoking the inherent power of this Court for quashing the CC. No.'1 087 12024 on the file of the HON'BLE Xlll ADDL. JUNIOR CIVIL JUDGE CUIvt Xlll ADDL. METROPOLITAN TVIAGISTRATE AT RAJENDRA NAGAR, CYBERABAD- l.A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the lvtemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all proceedings in CC. No.1 08712024 on the f ile of the HONBLE XIII ADDL. JUNIOR CIVIL JUDGE CUM XIII ADDL, METROPOLITAN MAGISTRATE AT RAJENDRA NAGAR, CYBERABAD, by way of dispensing the \arllPS r_ ,__i I ''-?"T-a- ttendance of the present petitioners herein, pending disposal of this criminal petition. This Petition coming on for heanng, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. V. L. Jayasimha, Advocate for the Petitioner, Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondents. The Court made the following: ORDER I J -,1 VII/I'St- TJ' THE HONOURABLE SRIJUSTICE N. TUKARAMJI CRIMINAL PETITION No.3835 OF 2025 ORDER:

1. This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of the proceedings in C.C No.1087 of 2024 pending on the file of the Xlll Additional Junior Civil Judge -cum- Xlll Additional Metropolitan Magistrate at Rajendra Nagar, Cybearabad against the petitioners-accused Nos.2 to 5, 8, 10 to 15.

2. Heard Mr.K.V.L.Jaya Simha, learned counsel for' the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondents.

3. Petitioners are accused Nos.2 to 5,8, 10 to 15 for the accusation under Section 188 of IPC and Sections 3, 4 and 5 of the lmmoral Traffic (Prevention) Act, 1986 (for short 'PITA, 1986).

4. The prosecution case in brief is that on 26.03.2023 on credible information about conducting prostitution at Mango Wood Resorts, Kanakamamidi Village, Moinabad Mandal, Ranga Reddy District, the Sub-lnspector of Police - complainant and his team, on receiving search proceedings, surprised the premises, where they VIJiPSI- found 15 male persons including the petitioner and 4 women/victims. Upon report, a case in Crime No.107 of 2023 has been registered and after investigation, charge sheet has been filed for the offence under Section 188 of IPC and Sections 3, 4 and 5 of the PITA, 1986.

5. Learned counsel for the petitioner would submit that, even as per the prosecution, the petitioner said to have been present at the premises and there is no other averment. Therefore, at the best they can be considered as customers. ln the absence of any allegation as to involvement in organizing prostitution, the attributed offences against the petitioners cannot be sustained. Therefore, conducting further proceedings against the petitioners would be abuse of process of law

6. Learned Additional Public Prosecutor would submit that the petitioners are customers and the statements of the victims/ women are revealing that they had volunteered to the premises on the request of accused No.1.

7. I have perused the materials on record and considered the submissions of the learned counsel. ,l r.I

8. As per the accusation, the prosecution should have averred that certain disobedience of the petitioners to the orders promulgated by the public servant or they have involved in illicit trafficking and living on the earning of the trafficking person. The entire prosecution record is not refening to any overtact of the petitioners on these lines muchless any material lo prima facie make out any case against the petitioners, within the scope of alleged offences. Thus, this Court is of the considered view that continuation of proceedings against the petitioners would amount to abuse of process of law. For these reasons, all the proceedings against the petitioner Nos.2 to 5,8, 1O to 15 in C.C No1087 of 2024 pending on the file of the Xlll Additional Junior Civil Judge - cum- Xlll Additional Metropolitan Magistrate at Rajendra Nagar, Cybearabad are liable to be and are accordingly quashed.

9. ln the result, the Criminal Petition is allowed. Asase uel, miscellaneous petitions if any, stands closed. . A.V.S.P ASAD DEPUTY REGISTRAR S To, i/TRUE COPY// N / SECTION OFFICER '1. The ll Additionar Junior civir Judge-cum-Xilr Additional Metroporitan Magistrate Cyberabad at Rajendranagai.

2. The Station House Officer, Moinabad police Station, Cyberabad 3. Two ccs to the pubric prosecutor, High court for the state of rerangana at Hyderabad.[OUT]

4. Twelve CCs to Sri K. V. L Jayasimha, Advocate tOpUCl ft- 5 Two CD Copies VTI/PSL '! :"i.--. r;i:i ,.) \ Y,n 03 npn 20fr Or s'a rct-l E(' I I HIGH COURT DATED: 2110312025 ORDER CRLP.No.3835 of 2025 ALLOWING THE CRIMINAL PETITION *{a aO k*.(\,