The High Court · 2025

The State of Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad. ...RespondenURespondent 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 SC. No. 31712024 on the File of Senior Civil Judge Cum Chief Judicial Magistrate, Medchal Malkajgiri District at Kukatpally against the Petitioner/Accused No.4. l.A. NO: 1 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 attendance of the Petitioner in SC. No.31712024 on the File of Senior Civil Judge-Cum-Chief Judicial Magistrate, Medchal Malkajgiri District at Kukatpally against the Petitioner/Accused No.4 herein pending disposal of the Criminal Petition' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Donkuri Mallikarjun, Advocate for the Petitioner and the Sri M.Vivekananda Reddy, Assistant Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIoN No.4956 OF 2025 ORDER: This Criminal Petition is filed by the petitioner/ accused No.4, seeking to quash proceedings in S.C.No.317 of 2024, on the file of the learned Senior Civil Judge-cum-Chief Judicial Magistrate, Medhcal-Malkajgiri District.

2. Heard learned counsel for the petitioner arrd Sri M.Vivekanalda Reddy, learned Assistalt Pr.rblic 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.,4 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 2O.O5 -2021 at about 14:00 hours, upon receiving information that brothel house is being run in KPHB Colony, Sub-Inspector of Police, along with his staff, went to the place arrd found that A1 and A2 were involved in prostitution. A-3 and A4 u,ere the persons, who were found at the scene with a woman. The only allegation against this petitioner is that he was found in the premises with a woman. 2

4. Section 370 of IPC reads as under: o(1)Wlweuer, for the purpose of exploitatton, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receiues, a person or persons, bg-First.- using threats, Secondlg.- using force, or anA other forrn of coercion, or Thirdtg.- by abduction, or Fourthlg.- bg practising fraud, or deception, or Fifihlg.- bg abuse of pouer, or SirtLily.- by inducement, including th.e giuing or receiuing of pagments or benefits, in order to achieue the consent of ang person hauing control ouer the persoft recruited, transported, harboured, transferred or receiued, commits the offence of traffi.cking.

5. Section 370(A) of IPC reads as under:- " 7 . WTneuer, knouinglg or hauing reasort to belieue that a minor has been traffi.cked, engages such minor for setual exploitation in ang manner, shall be punished u.tith igorous impisonment for a term u.thich shall not be less than fiue gears, but uhich mag extend to seuen gears, and shall also be liable to ftne.

22. Whoeuer, knouinglg bg or hauing req.son to belieue that a person Lras been trafjicked, engages such person for sexual exploitation in ang manner, shall be punished With igorous imprisonrnent for a term uhich shall not be less than three gears, but uhich mag ertend to fiue -!t*=.-7.1q.1/ , .] , 3 Aears, aftd shall also be liable to .ftne

6. Perusa-l of the above Sections reveal that none of the ingredients of said Sections are attracted against this petrtroner

7. Sections 3, 4 and 5 of the Act reads as under:- *3. Punishment for keeping a brothel or premises to be used as a brothel. allowing ll)Any person uho keeps or manages, or acts or assists in the keeping or management of, a brotlel sholl be punishable on first conuiction uith igorous impisonment for a term of nof less than one gear and not more than three gears and also utith fine uhich mag ertend tQ tlDo tlnusond rupees and in the euent of a second or subsequent conuiction, with rigorous impisonment for a tenn of not less thon tu.to years and not more than fiue gears and also uith fine uhich may extend to tuto thousond tupees. [2)Ang person u.tho- le)being the tenan| lessee, ocanpier or person in charge of ang premises, uses, or knouinglg allows any other person to sue, such premises or ang part thereof as o brothel, or fu)being the oune1 lessor or landlord of any premises or the agent of such owner, Iessor or landlord, lets the same or anA part tLereof uith tle knouledge that the same or anA part thereof i.s intended to be used as a brothel, or i.s utilfully a partA to the use of such premises or ang part thereof as o brotLel. Slnll be punbhable on first conuiction uith imprisonment for a term" tuhich mag extend to two gears and utith fine uhich mag extend to tuto thousand rapees and in the euent of a second or subsequent conuiction, u,tith rigorous imprbonment for a term uhich mog extend to ftue gears and also u-tith fine.' l!)Notwitlstanding angthing contained in ang other lau for ttte time being in force, on conuiction of ang person rekned to in clause (a) or clause (b) of sub-section (2) of ang offence ) I i I i l l I l l l.l I ,l ,l'l l :] ,l 't l i 4 under that sub-section in respect of ang premises or anA part tlereof, ang lea.se or agreement under uLhich such premises haue been leo.sed out or are held or ocanpied at tLe time of the commission of the offence, sltLo,ll become uoid and inoperatiue uith effect from the date of the said conuiction. 4. Punishment for living on the earnings of prostitution. lJ)Any person ouer tle oge of eighteen Aears uho knouinglg liues, utholly or in part, on the eornings of the prostihttion of o u)omon or girl shall be punishable uith impri.sonment for a term uhich mog ertend to tuo Aeors, or u.tith fine tthich mag extend to one thousand tupees, or uith both. !2)Where anA person is proued-tq)to be liuing uith" or to be habituallg in the compang of, a prostihtte; orfu)to houe exerci-sed control, direction or influence ouer the mouements of a prostitute in such a manner as to shottt that such person is aiding, abetting or compelling her prostitution; ort4to be acting as a tout or pimp on behalf of o prostitute, it shall be presumed, until tle contrary is proued, that such person is knouinglg liuing on the eornings of prostitution of another person within the meaning of sub-section (l):Prouided thot no such presumption shall be drawn in the ca.se of a son or daughter of a prostitute, if the son or daughter is belou.t the oge of eighteen Aears. 5. Proc:uring, inducing or taking uroman or girl Jor the sake of prostitution. ll)Ang person u.tho-lg)procures or attempts to procure a tDoman or girl, whetler uLith or uithout her con sent, for the purpose of prostitution; or(b)induces a u.)omart or girl to go from ang place, uith the intent that sLLe mag for the purpose of prostitution become the inmate of, or freqten[ a brothel; or{c)takes or attempts to take a u)oman or girl, or causes a TDoman or girl to be takery from one place to another u.tith a uieut to her carryirLg on, or being brought up to carry on prostitution; orft!)causes or induces a u)oman or girl to carry on prostitution; shall be punislruble on first conuiction with rigorous imprisonment for a term of not less than one gear and not more than tluo gears ond also utith fine uhich mog ertend to tuo tlausand tupees. (!)In tlrc euent of a second or subsequent anuiction of on offence under this section a person shall be punishable with rigorous imprisonment for a term of not less thon ttlo gears and not more than fiue gears and also uith fine uhich may extend to ttoo thousand tupees. (3)An offene under thi.s section shall be tiable-lc)in the place from uhich a u)oman or girl is procared, induced to go, 5 taken or caused to be taken or from uthich on attempt to procure or toke such taoman or girl is made; orlb)in the place to tuhich she mag haue gone as a result of the inducement or to uhich she is taken or caused to be taken or an attempt to take her k made.

8. A plain 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 capaciLy 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 Section 370A of IPC and Sections 3, 4 and 5 of the Act, are undesirable and the sarne are liable to be quashed.

10. Accordingiy, the Criminal Petition is allowed. Consequently, the proceedings against the petitio ner I A-4 1n S.C.No.317 of 2024 are hereby quashed. Miscellaneous applications pending, if any, shall stald closed. //TRUE COPY// SD/- MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER To, Kukkatpally, Cyberabad.

1. The ll Additional Junior Civil Judge-cum-X Additional Metropolitan tvlagistrate 2. The Station House Officer KPHB Colony Police Station, Cyberabad. 3. Two CCs to the Public Prosecutor, High Court for the Stat6 of Telangana at Hyderabad [OUT] A^p 1 9n" CC to Si'i Donkuri t"laiiikarjun, Advocate IOPUC] /.++L.5. Two CD Copies HIGH COURT DATED:01 10512025 I ORDER CRLP.No.4956 of 2025 4IsEH1Ro ( c ) l: 1t M IUB .l D. firra -r., :// ALLOWING THE CRIMINAL PETITION i I I I I ! I I I I