High Court · 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 quash the proceedings in Cr' No 1067 ol 2024 (PS Banjara Hills' Hyderabad). 2025 l.A . NO: 10E Petition under Secti on 528 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition' the High Court may be pleased to grant staY of all further Proceedings in Cr' No. 1067 of 2024 (PS Baniara Hills, Hyderabad), Pending disposal of the main Criminal Petition This Petition coming on for hearing' upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing' the arguments of STi RAMESH BABU PEDAPALLI, Advocate for the Petitioner and the Sri' M Vivekananda Reddy, Assistant Public Prosecutor' on behalf of the Respondent' The Gourt made the following ORDER: ,ttf THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.SOS2 of 2O2S ORDER: This Criminal petition is frled seeking to quash the proceedings against the petitioner in Crime No. I067 of 2024 of Banjara Hills police Station, Hyderabad, registered for the offences punishable under Sections 143 and 144 of Bharatiya Nyaya Sanhit a, 2023 and sections 3, 4 and S of the Immoral Trafhc (prevention) Act, 1956. 2 The brief facts of the case are that on 11.1 1.2024, SI V. Rambabu of Banjara Hiljs police Station received credible information regarding illegal activities being conducted under the guise of massage services at Mountain Beauty Spa, H.No.8-2-6l i / 10, Road No.10, Banjara Hills. Folowing instructions from superior officers, he conducted a raid at 16:10 hrs along with staff and two mediators, Mr. Irfan Mohd ald Mr. Shivalal Jadri. During the raid, one sub_organizer, Parveen Begum, and a male customer, Datta Tanaji, were found along with five female victims. TWo orgaaizers, Prashanth Puttalwar and Ravi Kumar, were found to be 2 SKSIJ Crl.P.tro.5052 of2025 absconding. Police seized 12 unused condoms' 2 swtprng machines, 9 mobile phones' and 1 DVR from the premises' Basing on the said complaint' the Police registered the case in Crime No.1O 67 of 2024 ' before the Banjara Hills Police Station, for the offences punishable under Sections 143 and 144 of Bharatiya Nyaya Sanhita' 2023 and sections 3' 4 and 5 ofthelmmoralTraflrc(Prevention)Act,1956.Aggrieved thereby, the petitioner/ accused No'2 filed the present criminal petition to quash the proceedings against him'

3. Heard Sri Ramesh Babu PedaPalli, learned counsel the Petitioner as well as Sri appearing on behalf of learned Assistant Public Prosecutor M.Vivekananda ReddY, appearing on behalf of the respondent - State' Learned counsel for the petitioner submitted that the 4. allegations made in the FIR' even if taken at face value' do not any offence as alleged and that the FIR pima facieconstitute lacks suffrcient material to disclose the commission of aly cognizable offence and fails to establish a criminal case against the accused' He further submitted that the allegations appear vague, improbable' and inherently absurd' such that E@ 3 SKS.J Crl.P.No.SOS2 of2Ois no reasonable person could conclude that there are valid grounds to proceed against the petitioner and that the proceedings seem to be motivated by malafde intention and instituted with an ulterior motive, possibly to harass the petitioner. He contended that the FIR refers to the establishment as a massage parlour but rater describes it as a brothel house without any factual basis, purely to invoke penal provisions. Therefore, he prayed the Court to quash the proceedings against the petitioner by allowing this criminal petition

5. On the other hand, leamed counsel for the petitioner opposed the submissions made by the learned counsel for the petitioner stating that the ailegations leveled against the petitioner are serious in nature. He further submitted that the investigation is not yet completed and at this stage, quashing of proceedings against the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6. In light of the submissions made by the learned counsel for the petitioner and upon perusal of the material avaiiable 4 crt.P.No'5052 SKS,J of 2025 on record' it appears that the investigation is still in progress' As noted from the remand report' accused No'3 became acquainted with accused No'2 approximately three months prior while undertaking househoid work at his spa' During this period' accused No'3 disclosed her financial diffrculties to accused No'2' who assured her of frnancial assistance and informed her that he was operating a brothel' He proposed that slre manage the premises and oversee the welfare of the sex workers in exchange for a substantial amount' which she accepted' Subsequently' accused No'2 introduced her to accused No.1, identified as the main organizer responsible for procuring sex workers from neighboring districts and states' Accused Nos'l and 2 would bring the sex workers to the subject spa and depart shortly thereafter' thereby operating the brothel'

7. Although learned counsel for the petitioner contended that petitioner is a native of Vijayawada' this alone does not establish that he is the manager of the said spa or brothel hotrse. Moreover, the place of residence of the accused cannot be a ground for quashing the proceedings. As there are serious allegations against the petitioner and considering tl"at t I I 11 t, i I I I I I i i i 1 l I I I I I I 5 ".r.r.n".-O", .'XX?J the investigation is st incrined to quash *. o"' the same is liabre ,. ,. a',;:"".a: at initial stage' this court is not against the peritioners

8. Accordingly, this Criminal petition is dismissed. Miscella neous petitions, if any pending, shall also stand closed. //TRUE COPYII SD/- M.OSMAN ALI BAIG ASSISTANT REGISTRAR SEC N OFFICER To,

1. The lll Additionat Chief Judicial Magistrate, Hyderabad. 2 The station House officer, porice s"tation Bariaia nirrs, Hyderabad District. - -'"-' 3 one CC to Sri RAMF:! 4 Two ccs to PUBLTG pRosECUToR, High 5. Two CD Copies pEDApAlai,;dvocate fopuci-- 'court at Hyderabad [OUT] ^Blgy for the State of rerangana TTS/gh HIGH COURT DATED: 0ZtO7t2O2S .i I ORDER I I I I I / i. iia) j ._) ir .. ::::- g itlF- 57,. r^ o( '10 sEP zffi !- '/ CRLP.No.SOS2 ot 2025 ,?a * CRIMINAL PETITION IS DISMISSED 6 / 4l I ftt