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 quash the Proceedings against the Petitioner/Accused No.2 (Customer) in S.C. No. 445 ot 2O22 On the file of Senior Civil Judge Cum Assistant Sessions Judge Court, Ranga Reddy District at Kukatpally Court, Ranga Reddy District At Kukatpally, in the interest of justice l.A. NO: 2 OF 2025 58 Bl.165 Petition under Section L.&e- of Qt.F.6 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 against the Petitioner/Accused No.2 in S.C. No. 445 of 2022 On the file of Senior Civil Judge Cum Assistant Sessions Judge Court, Ranga Reddy District at Kukatpally in the interest of Justice This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M.SUMAN, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No. 1 and None appeared for the Respondent No. 2. The Court made the following: ORDER HONOURABLE SRI JUSTICE N. TUKARAM.II ()RIMINAL PETITION NO.5697 ot 2025 ORDER: This criminal petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') seeking quashment of proceedings in Sessions Case No.445 of 2022 on the file of the Senior Civil Judge-cum-Assistant Sessions Judge Court, Ranga Reddy District at Kukatpally.

2. The petitioner is accused No.2 charged for the offences under Sections 3 4 and 5 of the lmmoral Traffic (Prevention) Act, 1956 (for short, 'PITA')

3. I have heard Mr.M.Suman. learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 -State

4. Briefly stated the prosecution case is that on 20.02.2021 the police on credible information of organizing brothel house surprised the Studio 11, H.No.1-96/8/13, Techno Polosis Building, . 1'r Floor, Arunodaya Colony, Madhapur and found the petitioner Crtp 3697 2|J25 along with a woman/victim. Upon due proceedings complaint was lodged and a case in Crime No.1g5 of 2021has been registered.

5. Learned counsel for the petitioner would submit that as per the complaint and even in the charge sheet, the petitioner is customer. The record of prosecution is not disclosing that the petitioner has knowledge of trafficking or his involvement in any manner in organizing the prostitution Thus prosecution under Sections 3,4 and 5 of the plTA is unsustainable, as such prayed for intervention and to quash the proceedings against the petitioner

6. Learned Additional public prosecuto. submits that the petitioner is customer and the trial Court has taken cognizance for the offences under Sections 3, 4 and 5 of the plTA.

7. I have carefully perused the materials on record and the submissions of the learned counsel. B. The prosecution allegation against the petitioner ex facie is that the petitioner/accused No.2 is found arong with the victim in a room at a place arranged by the organizer/other accused and as customer, however the prosecution presented the petitioner*$oc L I -r- 3 NTR.J Ctlp 5697 2025 the of{ences under Sections 3, 4 and 5 of PITA and the Court has taken cognizance accordinglY I For better appreciation, Sections 3, 4 and 5 of the PITA are extracted hereunder:

3. Punishment lor k eepino a brothel or allowinq orem srobe as a brothel AAny person who keeps or manages' or acls or assisls in the keeping or management of' a brothel shall be punishable on first conviction with rigorous imprisonment for a term oF not /ess than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or srrbsequent conviction, with rigorous imprisonment for a term of not /ess than two years and not more than five years and also with fine which may extend to two thousand rupees. (aAny person who' hlbeing the fenanf, /essee, occupier or person in charge of any premises. uses. or knowingly allows any other person to sue, such premises or any pad thereof as a brolhel. or lb)being the owner, lessor or landlord of any premises or the agent of such owner, /essor or landlord. lets the same or any patt thereof with the knowledge that the same or any paft thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any paft thereof as a brothel. Shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which may exlend to tvvo thousand rupees and in the event of a second or subsequent anviction, with rigorous imprisonment for a term which may exlend to five years and also with fine l I I 4 \ NTR,J \ Ctlp 5697 2025 {3)Notwithstanding anything contained in any other law for the time being in force, on conviction of any person refened to in clause (a) or ctause (b) of sub-section (Z) of any offence under that sub-section in respect of any premises or any paft thereof, any lease or agreement under which such premlises have been leased out or are held or occupied at the time of the commission of the offence, shall become void and inoperative with effect from the date of the said convictian. 4. Punishment for livinq on prostitution. the earninqs of Q)Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of a woman or girl sha be punishabte with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. (Z)Where any person is proved- h)to be living with, orto be habitua y in the company of, a prostitute; or {h)to have exercised control, duection or influence over the movements of a prostitute in such a manner as to show that such person is aiding abetting or compelling her prostitution: ar G)to be acting as a tout ar ptmp an behalf o{ a pos ute. shall be presumed. until the contrary is proved. that such person is knowingly living on the earnings of prostitution of another persan within the meaninE of sub- section (1).Provided thal no such presumption shall be dnwn in the case of a son or daughter of a prostitute, if the son or daughter is below the age of eighteen years. 5- Procurino. inducin o or takinq woman or girl for of prostitution AAny person who- -4 I i: J I{TR,J ,:lrlp 5697 2025 G)procures or attempts to procure a woman or Erl' Nhether with or without her consent, for the purpose of prostitution: or @)induces a woman or girl to go from any place' with tne intent that she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or k)takes or attempts to take a woman or girl, or causes a woman or girt to be taken, from one place to another with a view to her carrying on, or being brought up to carry on prostitution. or k!)causes or induces a woman or gid to carry on prostitution; shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than two years and also with ftne which may extend to two thousand rupees. {Z)ln the event of a second or subsequent conviction of an offence under this section a person shall be punishable with rigorous imprisonment for a term of not /ess than two years and not more than five years and also with fine which may extend to tuvo thousand rupees {1)An offence under this sectlon sha be tiable- Gln the place from which a woman or gid is procured induced to go, taken or caused to be taken or from which an attempt to procure or take such woman or girl is made. or (h)in the ptace to which she may have gone as a result of the inducement or to which she is taken or caused to be taken or an aftempt to take her is made. '10. Section 3 of the PITA deals with the offence of keeping or allowing premises to be used as a brothel. Section 4 prescribes punishment for living on the earnings of prostitution, and Section l 5 relates to procuring or inducing a person for prostitution'

11. ln the instant case, there is no allegation in the complaint or charge sheet, or in the witnesses statements, or in other prosecution record suggesting that the petitioner was involved in organizing or managing prostitution or living on its earnings. Even if the allegations are considered at the best he would stand in a position of customer. However, for the reasons best known to the investigating agency, the petitioner has been charge sheeted for Sections 3, 4 and 5 of the plTA, as if he is organizer and par.t of running the brothel and the Court has also taken cognizance under these offences.

12. Having considered the materials and as no allegation much less legally acceptable material showing that the petitioner in anyway involved in trafficking, living on the earnings and part of running the brother house, it shail be herd that the materiar is clearly falling short to make out essentiars to hcrd the petitioner liable for prosecution for the offences under Sections 3, 4 and 5 of PITA

13. For the aforesaid reasons and in the absence of qualifying material to continue the proceedings, this Court is of considered L I l 7 NTR,J Crlp 5697 2025 view that contirruance of proceedings against the petitioner would be abuse of Process

14. Accordingly, this Criminal Petition is allowed The cognizance ortjer for the offences under Sections 3' 4 and 5 of the PITA in Sessions Case No'445 of 2022' pending before the Senior Civil Jr-rdge-cum-Assistant Sessions Judge Court' Ranga Reddy District at Kukatpally, is hereby quashed against the petitioner/accused No.2' As a sequel, pending miscellaneous petitions if any' stands closed SDi. A.JAY ASREE ANT REGISTRAR A SI ,,TRUE COPY'/ ECTIoNoFFIGER I To,

1. 2.

3. 5 Ll yHI8il':i' ::?,ll'&if :ffi:Te\'ilY.13ii'31?;3x3:"',i#s:5#lATfl fH:ttflllt House officer' Madhapur ( Guttala Begumpet) Police station' ?#.'iyr:txt[01":%"&\%l?I''"?stateorreranganaatHvderabad fo*uJlo ""0'"' BJLB/KR Yx HIGH COURT DATED: 2910412025 t) ( t.

14. i 18 JUtl 2E >i Z' / ( O6 .q rrrl TC ' rr-o- ORDER CRLP.No.5697 of 2025 ALLOWING TI{E CRIMINAL PETITION 1 cod't &,