High Court of Telangana · 2025

Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the lt/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all further proceedings against the Petitioner in SC.No. 311of 2022 pending on the file of the Honble lV Addl.Senior Civil Judge-Cum- lV Addl. Assistant Sessions Judge, at L.B.Nagar, Ranga Reddy District. l.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the l/emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings against the Petitioner in SC.No. 311of 2022 pending on the file of the Hon'ble lV Addl.Senior Civil Judge-Cum- lV Addl. Assistant Sessions Judge, at L.B.Nagar, Ranga Reddy District. This Petition coming on for hearing, upon perusing the [\Iemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MARAM ANIL KUMAR, Advocate for the Petitioner and Sri E.Ganesh, the Asst. Public Prosecutor (TG) on behalf of the Respondent No.1 and 2. The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.8131 of 2o23 ORDER : This Criminal Petition is filed under Section 482 of Code of Crimina-l Procedure (for short, Cr.P.C') by the petitioner/accused No.4, seeking to quash the proceedings against him in S.C.No.3ll of 2022 on the fi1e of learned IV Additional Senior Civil Judge-cum-lV Assista-nt Sessions Judge, at. L.B.Nagar, registered for the alleged offences punishable under Sections 370 of Indian Penal Code & Sections 3, 4 arrd 5 of the Immoral Tra-ffic (Prevention) Act, 1956 (for short the Act').

2. The brief facts of the case are that on 18.01.2022 at about 18:OO hours, on receiving credible information that prostitution is going on at Flat No.107, 2"d floor of Shaber's Olive Apartmentts, Panchavati Colony, Malikonda, the Police raided the said premises and caught hold of the accused persons along with victim and taken them into custody and seized cash and mobile phones from their possession n / 2 EW,J CrLP.No.als1 ol2023 registered a case in Crime No.42 of 2022 before the Raidurgam Police Station, Cyberabad Commissionerate

3. Heard learned Counsel for the Petitioner and Mr. E. Ganesh, learned Assistalt Public Prosecutor for respondent-State. Perused the record.

4. Learned counsel for the petitioner submitted that since the victims are majors and the petitioner/ accused No.4 is a customer, the offences punishable under Sections 370 of IPC,

8.' ':r Section 3, 4 and 5 of the Act are not applicable arrd prayed this Court to allow the Criminal Petition by quashing the proceedings against the petitioner/ accused No.4.

5. On the other hand, learned Additional Public Prosecutor for respondent-State opposed the submissions of the learned counsel for the petitioner stating that the presence of the petitioner was clearly found by the Police at the scene of offence and was taken into custody. Hence, he prayed the Court to dismiss the Criminal Petition.

6. As rightiy pointed out by the learned counsel for the petitioner, a perusal of F.I.R would disclose that a case is registered agajnst the accused No.4 for the alleged offences .,4 -^...Y.-*s!E--_ f { 3 EW,J crLP.No.8131 of 2023 punishable under Sections 370 of IPC and Sections 3, 4 and 5 of the Act. Hence, it is apt to refer to Section 370 of IPC and Sections 3, 4 and 5 of the Act, which reads as follows 37O. TrafJicking of a Persoa.- [f)Whoeuer, for the purpose oJ exploitation, (a) recrutts, (b) transports, (c) harbours, (d) trans.fers, or (e) recelaes, a person or persons, bg-First.- using threats, orSecondlg.- using force, or ang other forrn of coer.cion, orlhtrdlg.- by abductTon, orFourthlg.- by practising fraud, or deception, orFifthlg.- bg abuse of pouer, orSirthlg.- bg inducement, including the giving or receiving of pagrnents or benefits, in order to achieae the consent of ang person hauing control over the person recruited, transported, harboured, transfeted or receiued., commits the ofJence of trqflicking.Explanation 7.- fhe expression "exploitation" shall'lnclude any a.ct of phgslcal exploitation or ang Jorm o! sexual exploitation, slavery or practices si'nilar to slaaery, seraitude, or the Jorced remooal of organs.Explanation 2.- The consent of the victim is i,,trj,I,Crterid.l in detennination of the offence of trdffickitg. lp)Whoeaer commits the offence of trafJicking shd.ll be punished with rigorous imprisonrnent for a term which shall not be less than seaelr geqrs, but tohich mdg extend to ten geqrs, o.nd sho.ll aLso be liable to Jine- I!)Where the offence inaolaes the trafficking of more tho.n one person, it sh,all be punishahle tDith rigorous imprisonment for o terrn uhich shall not be less thd,r ten gea.rs but which mag ertend to imprisown,ent for life, and shall also be liable to Jine. (!)Where the o.ffence inuoloes the tralJickirlg of a tlrinor, it shall be punisho.ble uith rigorous imprisonrnent for q. terrn uhich shall not be less than ten Uears, but which mag ertend to imprtsonment for life, and shall also be liable to Jine. {!)Where the o.ffence inaolaes the tro,lftcking oJ more thr:n or.e rminor, it shall be punishable with rigorous irnprisonment lor d terTn uhich sho'll not be less than four-teen gears, but whleh mag ertend, to imprisonment for lik, and shall also be liable to fine. la)If d. perco,a is conricted. of the offence oJ trallicking o! miraor on more thd.n olte occasion, then such person shall \ I '.t 4 EW,J Crl.P.No.8l37 ol2023 be punished with itnprisonment for life, which sha.ll medn it,apriso,al,ae,at for the rentainder of that person's nqturq.l life, and shall clso be liable to fine. l!)When a public seraant or a police olJicer is inoolved in the trafficking of ang person thea, such public serus.nt or police officer shq.ll be punished with imprisonment for life, uthich sho.ll mean imprisonment for the remdinder oJ that person's nqtural life, and shall also be liable to fine. "3. Punishment fot keeping q brothel or allouing prenises to be used d.s a brotheL conaiction uith (7)Ang person ulw keeps or tl?.(,,'ra.ges, or acts or assists in the keeping or r.dndgernent of, a brothel shall be punishable on rigorous imprisonment tor q. terrn of not less thdn one gear and not mote thqn three gears and. also tDith Jine which mag extend to tuto tlrousand rupees and in the eoent of a second or stbsequent conviction, uith rigorous imprisonment Jor q. tertn of not less than tuto gears and lnot more than fiue geqrs dnd also tbith line uhich mag ertend to two thousand rupees. (2)Ang person uho-{d)beiftg the tenant, lessee, occupier or person in charge of ang premises, uses, or knowinglg allows ang other person to sue, such premises or a4g part thereof as a brothel, or (b)being the owner, Iessor or lo.ndlord of ang prernises or the agent of such outner, Iessor or landlord., lets the same or ang part thereof uith the knowledge that the same or any port thereof is intended to be used qs a brothel, or is willfullg q. po.rtg to the use of such premises or dng pdrt thereof as a brotheL Sho.ll be punishcrble on Jirst conviction with irnprisonment for a term which mqA extend to ttto gears and with fine which rnag extend to two thousdnd rupees and in the euent of a second or subsequent conviction, uith rigorous imprisonrnent for q. ternt tuhich mdg ertend. to Jive geq.rs and (rlso with Jine. (3)Notwithstanding angthing contained in ang other lana for the tirne being in force, on conviction of ang person referred to in clause (a) or clause [b) of sub-section (2) of dng offence under that sub-section in respect oJ ang p"emises or q.ng part thereof, ang lea,se or qgreement under which sttch premises hqve been leased. out or qre held or occupied at the time oj the comrnission oJ the offence, shall become void o.nd inoperative uith elJect from tle dqte of the sqid conviction. 4. Punishment Jor lfuting on the edr'rings of ptostitution. / 5 EW,J CrLP.No.8137 oJ 2023 (l)Ang person ouer the age of eighteen gecrrs uho knouinglg lioes, uthollg or in part, on the earati'"gs of the prostitution of a uoman or girl shall be punishable with imprisonment for d tenn uhich mag e*end to ttDo gears, or with Jine l/,hich mdg extend to o'1.e thousand rupees, or with both. (2)Where ang person is proued.- (afto be living uith, or to be habitually in the cotnpang of, a prostitute; or (b)to haue exercised coatrol, d.irection or influence over the moaements of o. prostihie in such q. ,rlq'r,l.er as to show thdt s.rtch person is aiding, abetting or compelling her prostitution; or (c)to be acting as d tout or pimp on behalJ of a prostitute, it sh(/rll be presurned., until the contrary is proved, thqt s-uch person is knowinglg living on the earnings of pros-titution of dnother person uithin the meaning of sub- section (7):Provided that no such presumption shqll be drawn in the cq.se oJ a son or daughter of a prostitute, if the sorr or dqughter is below the age oJ eighteen gedrs.

5. Procuring, inducing or takiftg tltoman or girl Jor the sdke oJ prostitution. (l)Ang person uho- (a)procures or attempts to procure a wort qn or girl, whether with or uithout her consett, for purposeoJprostitution; or (b)induces d u)oman or girl to go from ang place, with the intent that sh.e mag jor the purpose of prostitution become the inm,d'te of, or frequent, a brothel; or (cftakes or al;tetnpts to td.ke o. woman or girl, or cattses ct u)onuzrt or girl to be taken, from onc place to dnother ulth a view to her carrying on, or being brought up to carrg on prostitution; or (d)c(,uses or induces d utomdn or girl to carry on pro*itution; sho,ll be punisha.ble on tirst conviction with rigorous imprisonment for d teran oJ less than one 'I.ot gear and 'I.ot nore tha,I. tLUo gears and q,lso with fine uhich mdg ertend to ttoo thousand rupees. (2) In the euent oJ a second or stbsequent conviction of an offeace und.er tlris section d person shall be punishable uith rigorous imprisonment for a terrn of not less ttan ttDc4&rs and not more tha,n Jive gears q.nd q.lso with fine uthich mdg ertend to two thousand rttpees. I € 6 EW,J CrLP.No.8l31 of 2O23 (3) An offence under this seqtion shall be triable- (a) in the place Jrom which q uromant or girl is procured, induced to go, tdkeft or cdused to be taken or frorn uhich qn qttetnpt to procure or tq.ke such womd.n or girl is tnade; or (b) in the place to whtch she rnag haae gone as a result o.f the inducetaent or to uhich she is tqken or cqused to be taken or an @ttenpt to take her is rno,d.e."

7. A plain reading of the above would abundantly makes it clear that Section 370 of IPC is not applicable as the victims are not minors and Sections 3, 4 and 5 of the Act are not attracted as far as a customer is concerned. /t- B. It is pertinent to note that as per prosecution, the victims are not minors and the petitioner/ accused No.4 is found at the said premises in the capacity of customer. Therefore, in view of the above discussion and the provisions of law, this Court is of the considered opinion that continuation of proceedings against the petitioner/ accused No.4, under Sections 3, 4 and 5 of the Act, are undesirable and the sarne are liable to be quashed.

9. Accordingly, the Criminal Petition is allowed. I Consequently, the proceedings against the petitioner/accused No.4 in S.C.No.31l of 2022 on the fi1e of learned IV Additional f L 7 crtP.r,b.a&t oJE#;! Senior Civil Judge-cum-IV Assistant Sessions Judge, at L.B.Nagar, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed. //TRUE COPY// ASSI T Sd/- K. AMMAJI REGISTRAR \N ECTION OFFICER I To, A,

1. The Chief Metropolitan lvlagistrate/ Judicial Magistrate of First Class,L 'B'r'lqar, R'R' D;gt' 2. The Station House Officer, Police Station,Psidurgam,Qberilad Gmmlesionerab" 3. Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 4. One CC to SRl. MARAM ANIL KUIvIAR Advocate [OPUC] 5. Two CD Copies w /,I' "-*rr, HIGH COURT DATED:1010212025 ( q f, o o t, E STAre: 1 .^_'' s- \ \P 1B l\[s 16 c) ORDER CRLP.No.8131 of 2023 ^+ .-k ::l .x all:SF. ',i i CRIMINAL PETITION ALLOWED %\?i \ c -. _ _4.