High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not allowing the petitioner to carry on his "M/s. RAVON SLIMMING AND SPA" business in the premises bearing H.No.4-1-9'l126, Plot No.26, 1st Floor, V.S. Plaza' Nacharam Main Road, Malkajgiri/Medchal, pursuant to registration of suo moto case in Cr. No.184/2018 U/s. 370(A) IPC and Sections 3, 4 and 5 of Prevention of lmmoral Traffic Act, 1956 by respondent No.5 against the petitioner herein and three others (A2 to A4) on the allegation that prostitution business was being carried on in the spa centre, as arbitrary, illegal, capricious, and consequently direct the respondents to permit the petitioner to carry on the Spa (Revon) Centre business in the above saicl premises. I OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.5 not to interfere with "M/s.RAVON SLIMMING AND SPA' business carried on by the petitioner in the premises bearing H.No.4-1- 91126, Plot llo.26, 1st Floor, V.S. Plaza, Nacharam Main Road, Malkajgiri/Medchal, pending disposal of the writ petition. Counsel for the Petitioner: SRI SUREPALLI MADHAVA RAO (rorpnEsenr, Counsel for the Respondents: SRI M.SRINIVAS, AGP FOR HOME The Court made, the following: ORDER : I ! I i THE HONOURABLE SRI JUSTICE N.TUKARAMJI ORDER: This Writ Petition is filed under Article 226 of the Constitution of lndia seeking the following relief: "-..fo rbsue a writ, order or direction more particutady one in the nature of wit of Mandamus declaring the action of the respondents in not allowing the ptitioner to carry on his "M/s. RAVON SLIMMING AND sPA" busi,hess in the premrses beaing H.No. 4-1-91/26, Plot No. 20, lil Floor, V.S. plaza, Nacharam Main Road, Malkajgiri/bledchal, purcuant to rcgistration of suo motu case in cr. No. 184/2018, under sec. 3To(A) lpc and secfions 3, 4 and 5 of Prevention of lmmoral rraffic Act, lgs6 by respondent No- 5 against the petitioner hercin and three others (A2 to A4) on the allegation that prostitution business was being caried on in the spa centre, as arbitrary, illegal, capricious and consequentty direct the respondents to permit the petitioner to carry on the spa (Revon) centrc busrness in the above said premises and fo pass such other order or ordets..."

2. None appeared on behalf of the petitioner

3.1. Mr. M. Srinivas, learned Assistant Government Pleader for Home, appearing for the respondents, submits that Crime No. 1g4 of 201g was registered for offences under the Prevention of lmrnoral Traffic Act, 1956. After completion of investigation, a charge sheet was filed, and the case was taken cognizance of as S.C. No. 27g of 2oz2 on the file of the learned I Additional sessions Judge, Kukatpalty, Medchal-Malkajgiri 2 ^rr&/ lY/.P. No. 22949 oJ 2018 District. He further submits that the said Sessions Case culminated in acquittal on 17 .05.2024.

3.2. Further submits that during the course of investigation, the respondents/police authorities interacted with the petitioner and inspected the premises concerned. The allegations of interference by the police with the petitioner's business activities are, therefore, baseless, as the respondents have acted strictly in accordance with the legal procedures established by law.

3.3. Additionally, he fairly submits that a Coordinate Bench of this Court, in several similar writ petitions, has permitted petitioners to continue their business operations subject to compliance with certain specified conditions, and has clarified that any violation or transgression of applicable rrotifications or statutory provisions would entitle the respondents/police authorities to take appropriate action in accordance with law. Her, therefore, prays that a similar order be passed in the present case.

4. I have carefully perused the material available on record.

5. As rightly contended by the learned Assistant Government Pleader for Home, this Court, in W.P. Nos. 16281 and 16419 ot 2010 and the connected batch of matters, vide order dated 28.09.2022, permifted the i ', , ,.:. 3 IVr&/ IY.P. No. 22949 of 2018 continuance of business operations, subject to compliance with certain stipulated conditions. The relevant portion of the judgment is extracted hereunder: "tn view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated 04.02.2021 in l.A.No.1 ot 2O2O in W.P.No.24410 of ZOZf., permitting the petitioners to run the massage @ntres, subject to maintaining a record in the register to be maintained by the massage centres containing the dates of visits of the customers, their names and verifiable addresses together with the phone numbers, so as to enabte the police to contact them on the aspect of the request to the owner/manager/operator of the massage centres to provide for the help from the opposite sex. Further, it shall be open to any police officer not below the rank of a Sub-lnspector of Police attached to any polie station to verify once in a while such records maintained by the massage centres and he shall also be at liberty to veriff as to wtrether the particular customer has solicited any such special service from the massage centre or not. It is also open to the polioe to take appropriate action depending upon the result of any such verification and also considering the fact that whether the cross massage service provided to the cus{omers is in professional manner or not. Police are also entitled to investigate into crimes, if any, reported against the petitioners. Petitioners are also directed not to keep the main door of the premises closed, during the working hburs. Subject to these conditions, the petitioners may be permitted to carry on the business, duly taking all necessary and proper precar.rtions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage."

6. Having regard to the facts and circumstances of the case, and in the interest of justice, this Court deems 'it appropriate to permit the petitioner to continue business operations, subject to the strict and 4 MI&/ W.P. No. 22949 of 2018 scrupulous adherence to the guidelines set forth in the preceding paragraphs. Ordered accordingly.

7. lt is, however, clarified that such crntinuance of business shall be subject to compliance with all statutory requirements and executive notifications in force. ln the event of any deviation by the petitioner from the above mentioned guidelines or a violation of the conditions of the notification, t'he respondents/police authorities shall be at liberty to take appropriate action in accordance with law.

8. Accordingly, the Writ Petition is disposed of. There shall be no order as to c()sts. Pending miscellaneous applications, if any, shall stand closed. ,/TRUE COPY'/ To,

1. The Prinr:ipal Secretary, Home Department, Tel Hyderabad, State of Telangana. SD/.M.NAGAMANI STANT REGISTRAR SECT|oN OFFICER ana State Secretariat,

2. The Comrnissioner of Police, Rachakonda, Rangareddy District. 3. The Deputy Commissioner of Police, Malkajgiri, Medchal Distrit. 4. The Assis;tant Commissioner of Police, Malkajgiri, Medctlal Distrit. 5. The lnsp<:ctor of Police, Nacharam Police Station, Nacharam, Hyderabad. 6. One CC lo SRI SUREPALLI MADHAVA RAO, Advocate TOPUCI 7. Two CC:; to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUfl

8. Two CD ()opies BSR/BSK q- HIGH COI'RT l ATEDi 1',211112025 t.'rtE S _J. ( () (, 2 s ILB lrilfi * * ut\r t= D WP.No.22949 of 2018 DISPOSIT{G OF THE WRIT PETITION i) WITHOUT COSTS $ 4r"l .&t