High Court · 2025

1 . The State of Telangana, through SHO- Jagadgirigutta Police Station, Cyberabad Commi6sionerate, Ranga Reddy District' rep. By Public Prosecutor, High Court Hyderabad.

2. K.Rajesh, SubJnspector of Police Jagadgirigutta Police Station, Cyberabad. ...RESPONDENT/COMPLANANT 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 charge sheet in P.R.C.No. 112 of 2024 on the file of the Court of the XIV Addl. Metropolitan Magistrate at Kaithalapur, Kukatpally and quash the proceedings thereon. l.A NO: 1OF 2024 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 pleased to grant stay of all further proceedings including the appearance of the petitioner in P.R.C.No. 112 ot 2024 on the file of the court of tlie XIV Addl. Metropolitan Magistrate at Kaithalapur, Kukatpally, 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 K Shrikanth, Advocate for the Petitioner and Sri M.Vivekananda Reddy' Assistnat Public Prosecutor, High Court for the State of Telangana, Hyderabad on behalf of the State / Respondent No.1 . The Court made the following: ORDER: / ./ / / THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.L24o4 0F 2024 ORDER: This Criminal Petition is filed by the petitioner/ accused No.5, seeking to quash proceedings in p.R.C.No. t)2 of 2024, on the hle of XIV Additional Metropolitan Magistrate at Kaithatapur, Kukatpally.

2. Heard learned counsel lor the pet itioner and Sri M.Vivekananda Reddy, learned Assistant public prosecutor for the respondent - State. perused the record.

3. The petitioner herein is arrayed as A-5 in the charge sheet filed by the Police for the offences under Sections 3, 4 and 5 of Immora-l Tra_fhc (Prevention) Act, 1956, (for short ,the Act,). According to the case of the prosecution, on 1 L.O9 .2024 at about 2O:15 hours, on receiving information that prostitution is going on in Jagadgirigutta, ACp, Balangar a_long with two mediators.went to the place and found that A_ t to A_3 arc involved in prostitution. A-S was the person who was found at the scene with a womitrl, vvho is a major. The only allegation against this petitioner is that he vvas found in the p,rsrnisg. wi,5 a woman 2 4 Sections 3, 4rand 5 of the Act reads as under:_ u3. Punlshment Jor keeping a brothel or alloutlng premlses to be used as a broihel. ^or" -brottel, .than one year and. not IJ)AnA person utho keeps or manages, or acts or assists in tne Keeptng or management of, a brothel shall be punishable on first conuiction with igo-rous imprisonment joi a term of nof less than thrle years and. also_ tuith Jine whtch mag extend to tt o tniuiand rupees and in the euent of o second. or subsequent anuiction, with rtsolou: impri.sonment for a term of noi less than tuo Aea_rs anf n9t more than fiue gears and. also taith fine uthici mag extend to tuo thousand tupees. (p)Ang person who- [s)being the tenan| Iessee, .occupier or person in charge of ang premises, uses, or knowinglg allous ang otfler person to sue, such premises or ang part thereof as a [b)being the oulner, lessor or tand.lord. of ang premises or the agent of such owner, lessor or land.loid., teis'ttu same or anA part thereof with the knouled.ge that the sdme or anA part thereof is intended to be used as a brothel, or is utilfuU,"g ? ea.rty to th,e use of such premises or ang part thereof a.s i brothel. Shall be punishable on first conuiction uith imprisottment for a term which mag extend. to ttuo gears and. uith fine tuhich mag extend to ttao thousand. ntpees and. in the euent of a second. or subsequent conuiction, iith rigorou" impisonment for a term which mag extend. to fiue yeors and. also uith fine. l!)Notuithstanding angthing contained. in ang other latu for the time being in force, on anuiction of ang f,erson refeied to in clause (a) or clause (b) of sub-section 1Z) oy any offene urd"er that sub-section in respect of any premises or anA part thereof, any lease or agreement uid.er tahich such prembes haue been leased out or are held or occupied. at the time of tle commbston of the offence, shall become uoid and inoperatiue with effect from the date of the said. conuiction. 4. Punishment for living on the earnings oJ prastitutlon. ll)Any person ouer tlte age of eighteen Aears u.tho knou_tinglg . Iiues, uholly or in pant, on the earningi of tne prostittttioi if a Luoman or girl shall be punishable uith impisonment for L term uthich may extenQ to tuto gears, or uiti fine u_thich mag extend to one lhousanr a_ ith both. t I \ I J (2)Where anA person b proued-(g)to be liuing with, or to be habitualtA in the company of, a prostitute; orfty)to houe exercised control, direction or influence ouer the mouements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling ter prostitution; or(p)to be acting as a tout or pimp on behalf of a prostitute, rt shall be presumed, until th-e contrary is proued, thnt such person is knowingly liuing on the eamings of prostitntion cf another person within the meaning of sub-section (1):Prot'ided tLnt no such presumption shall be drawn in the cose o_f a son or daughter of a prostitute, if the son or daughter is belou the age of eighteen gears. 5. Procuring, lnducing or taklng uromo.n or girl for the sake of p ro stltution. Q)Ang person who-lg)procures or attempts to procure a uroman or girl, whether u.tith or without her consett, for tlrc purpose of prostitution; orfu)induces a u)oman or girl to go from any place, uith the intent that she mag for the purpose of prostitution become the inmate of, or frequent, a brotlel; or(p)takes or attempts to take a tuoman or girl, or causes a woman or girl to be taken, from one place to anotlrcr tuith a uieu.t to her canrying on, or being brought up to corry on prostitrttion; orlS!)causes or induces a. u)oman or girl to carry on prostitution; shall be punishable on first conuiction uith rigorous impisonment for a term of not less than one year and not riore than tuo Aears and also ruith fine uthich may ertend to two thousand ntpees. (p)In tl'Le euent of a second or subsequent conuiction of an offene under this section a person sholl be punislnble uith rigorous impisonment for a term of not less than two years and not more than fiue Aears and also with fine uthich may ertend to ttao thousand ntpees. (l)An offence under this section shall be tiabkz-[g)in tLe place from uhich a u)oman or girl is procured, indtLced to go, taken or caused to be taken or from uthich an ettempt to procure or take such tooman or girl is made; orlb)irL the ploce to nthich she may haue gone as a result of tLrc indttcement or to which she is taken or caused to be taken or an attempt to take h.er is made. ))

5. A plain reading of the above would make it clear that Sections 3, 4rand 5 of the Act do not attract customers, who approach a brothel house or a woman in prostitutton. \ t 4 r^ 6 As per the prosecution, the petitioner/A_S was found at the said premises in the capacity of a customer. In view of the above discussion ald provision of law, this Court is of the considered opinion that continuation of proceedings against petitioner/A-S under Sections 3, 4 and 5 of the Act, are undesirable and the same are liable to be quashed. Z. Accordingly, the Criminal petition is allowed. Consequently, the proceedings against the petitioner/A_S in PRC.No. 112 of 2024 are hereby quashed. Miscellaneous applications pending, if arry, shatl stand closed. /ffRUE COPY// To, District_ '1. The XIV Addl. Metropolitan Magistrate at Kaith 2. The Station House Officer, Jagadgirigutta, Cvbe 3. one cC to sri. K snrtanirr, Xovo-c;i" iHLj- 4. One CC to the public prosecutor, Hign.iourtJ;r Hyderabad [OUTl 5. Two CD Copies. PSI(DL Sd/. MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER r, Ku katpally, Rangareddy I d, Rangareddy District. State of Telangana, HIGH COURT DATED:1210312025 ORDER -=:- 'a l\)( w,: ]. ,'.\ o 10 JUll 20[ CRLP.No.124O4 of 2024 ) ALLOWED THE CRIMINAL PETTTION