The 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 call for the records relating to the proceedings in S.C.No. 377 ol 2023 on the file of the ll Addl. Senior Civil Judge-cum-Addl. Chief Judicial Magistrate at Malkajgiri, and quash the same. 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 grant staf of all further proceedings including the appearance of the petitioner in S.C.No. 377 ot 2Q23 on the file of the ll Addl. Senior Civil Judge-cum- Addl. Chief Judicial Magistrate at Malkajgiri 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 REDDAMAINA THIRUPATHI, Advocate for the Petitioner and Sri. M. VIVEKANANDA REDDY, t Assistant Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5O27 OF 2025 ORDER: This Criminal Petition is filed by the petitioner/ accused No.2, seeking to quash proceedings in S.C.No.377 of 2023, on the file of the learned II Additional Senior Civil Judge-cum- Additional Chief Judicial Magistrate at Malkajgiri.

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent - State. Perused the record.

3. The petitioner herein is arrayed a.s A-2 in the charge sheet filed by the Police for the offences under Sections 37OA 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 07.LO.2O22 at about 17:30 hours, upon receiving information that prostitution is going on in RKHS Colony, Neredmet, Superior Officers, along with his staff, went to the place and found that A1 was involved in prostitution A2 is the person, who was found at the scene. The only allegation against this petitioner is that he was found in the premises. 2

4. Section 370 of IPC reads as under: "(1)Whoeuer, for the purpose of exploitation, (a) recntits, (b) transports, (c) harbours, (d) transfers, or (e) receiues, a person or persons, bg-First.- using threats, Secondlg.- using force, or any other form of coercion, or Thirdly. bg abduction, or Fourthlg. by practising fraud, or deception, or Fifthlg.- bg abuse of potuer, or Sixthly. bg inducement, including the giuing or receiuing of pagments or benefits, in order to achieue the consent of anA person hauing control ouer the person recndted, transported, harboured, transferred or receiued, commits the offence of trafficking.

5. Section 370(A) of IPC reads as under:- "1. Whoeuer, knou-tinglg or hauing reason to belieue that o minor hc-s been trafficked, engages such minor for sental exploitation in ang manne4 shall be punished uith igorous impisonment for a term tuhich shatl not be less than ftue gears, but uthich may ertend to seuen gears, and shall also be liable to fine. D2. Wtoeuer, knotuinglg bg or hauing reason to belieue that a person has been trafficked, engages such person for sexual expl.oitation in any manner, shall be punished. rigorous impisonment for a term u.,tltich shall not be .With less than three years, but u_.thich may ertend" to fiue 3 Aears, and shall also be liable to -fine."

6. Perusal of the above Sections reveal that none of the ingredients of said Sect.ions are attracted against this petltloner.

7. Sections 3, 4 and 5 of the Act reads as under:- "3. Punishment for keeping a brothel or allousing premises to be used qs a brothel. ll)Any person who keeps or manoges, or acts or a-s-sists in the keeping or management of, a brothel sholl be punishable on first conuiction tuith igorous impisonment for a term of not less than one gear and not more than three gears and also u.tith fne tuhich mag ertend tq tuo thousand ntpees ond in the euent of a second or subsequent conuiction, u-tith igorous impisonment for a term of not less than tuLo gears and not more than f.ue gears and also uith fine which mag extend to tu.to thousand ruqees. l)Any person uLho- la)being the tenant, lessee, occupier or person in chorge of ong premises, uses, or knouinglg allous ang other person to sue, such premises or ang part thereof as a brothel, or lb)being the ou-tner, lessor or landlord of ang premises or the agent of such ouner, lessor or landlord, lets the some or anA port thereof with the knou.tledge that the same or anA part thereof is intended to be used as a brothel, or is uilfuLlg a partA to the use of such premises or ong part thereof as a brothel.Shall be punishable on first conuiction utith impisonment for a term uhich mag ertend to tluo gears and utith fine u.thich may extend to tuto thousand rupees and in the euent of a second or subsequent conuiction, uith rigorous impisonment for a tenn u.thich mog ertend to fiue gears and also u.tith fine.' l!)Notwithstonding anything contained in ong other law for the time being in force, on conuiction of ang person referred to in clause (a) or clause (b) of sub-section (2) of ang offence 4 under that sub-section in respect of any premtses or onA part thereof, ang- lease or agreement under which such premises haue been leased out or are held or occupied at the lime of the commission of the offence, shall become uoid and inoperatiue u,tith effect from the date of the said con tti ction' liuing on the earnings of 4. Punishment for prostitution. {l)Ang person ouer the oge of eighteen Aears uho knotuinglg liues, tuholly or in part, on the earnings of the prostitution of a u)oman or girl shalt. be punishoble utith impisonment for a term uthich mag extend to tuo Aears, or tuith ftne ulhich mog ertend to one thousand rupees, or utith both. (2)Where onA person is proued lg)to be liuing uith, or to be habituallg in the compang of , a prostitute; orll2)to haue exercised control, direction or influence ouer the mouements of o prostitute in such a manner as to shotu that such person is aiding, a.betting or compelling her prostitution; orls)to be acting as o tout or pimp on behalf of a prostitute, it shall be presumed, until the contrarA is proued, that suclt person is knou-ingly liuing on the earnings of prostitution of another person uLithin the meaning of sub-section (1):Prouided that no such presumption shall be dratun in th.e cose of a son or doughter of a prostitute, if the son or doughter i.s below the age of eighteen Aears. 5. Procuring, inducing or taking utomtfl or girl for the sake of p ro stitution. fi)Ang person who-lq)procures or attempts to procure a u)omana or girl, whether uith or uithout her consent, for the purpose of prostitution; orl!)induces a u)omon or girl to go from any place, ulith the intent that she mag for lhe purpose of prostitution become the inmate of, or frequent, a brothel; orlg)takes or attempts to take a u)oman or girl, or causes a woman or girl to be token, from one place to anotlrcr u.tith a uieu to her carrying on, or being brought up to carry on prostitution; orl@)causes or induces o u)omon or girl to carrg on prostitution; shall be punishable on first conuiction uith igorous impisonment for a term of not less than one gear and not more than two Aears and also u-tith fine uLhich mag ertend to two thousand tupees. @In the euent of o second or subsequent conuiction of an offence under this section a person sholl be punishable tuith rigorous impisonment for a term of not less thon tu.)o geors and not more than fiue gears and also u.tith fine u,thich mag ertend to ttto thousand tupees. l3)An offence under this section shall be tiable-la)in the place from uhich a u)oman or girl is procured, induced to go, 5 taken or caused to be teken or from which an attenlpt to procure or take such utoman or girl is made; orlb)in the place to tuhich she mag houe gone as a result of the inducement or to u-thich she is taken or caused to be taken or an attempt to take her is made.

8. A plain reading of the above would make it clear that Sections 3, 4, and 5 of the Act do not attrac-t customers, who approach a brothel house or a woman in prostitutlon.

9. As per the prosecution, the petitioner/A-2 was found on the said premises in the capacity of a customer. In view of the above discu ssion and provision of law, this Court is of the considered opinion that continuation of proceedings against petitioner/A-2 under Section 370A of IPC and Sections 3, 4 and 5 of the Act, are undesirable and the same are liable to be quashed. 1O. Accordingly, the Criminal Petition is allowed. Consequently, the proceedings against the petitioner/A-2 1n S.C.No.377 of 2023 are hereby quashed. Miscellaneous applications ndins, if an , shall s tA .l SD/. L.VIJAYA LAXMI SISSTANT REGISTRAR //TRUE COPY// SECTION OFFICER to",. ,n" l Additional Metropolitan Magistrate' Medchal Malkajgiri DistricLat Malkajgiri z. it" SiZtion House Officer, Neredmet Police Station' Rachakonda District' i. On" CC to Sri. Reddamaina Thirupathi, Advocate [OPUC] ;. i;; CC. to tf,e Pubtic proiecutoi, Hign Court for the State of Telangana at Hvderabad. [OUT] W' 5. t*o CD CoPies GR/PSL I _,4-_1 HIGH COURT DATED:01 10512025 ORDER CRLP.No.5027 of 2025 a ,a\ \ J0Jut ilf \ \:. a'{- li'; -,', r i: t \L\) ,! t .\t 7 ALLOWING THE CRIMINAL PETITION I -dd &m'