The High Court · 2025

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 pleased to STAY of all further proceedings against the Petitioner/Accused in Cr. No. 456 of 2021 in S.C. No.473 of 2024 pending on the file of the Learned V Additional Chief Judicial Magistrate, Rangareddy District at Kukatpally, pending disposal of CRLP 15688 of 2024, on the file of the High Court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ganapathi Kolli, Advocate for the Petitioner and the of Sri Jithender Rao Veeramalla, learned Addl Public Prosecutor (TG) on behalf of the Respondent. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUWADISRIOEVI c RIMINAL PETITION No.15688 ot 2024 ORDER This C;riminal Petition is filed by the petitiorrer-accused No.5 to quash the proceedings against him in S C No.'173 of 2024 on the file of :he learned V Additional Chief Judicial ttllagistrate, Rangareddy District at Kukatpally. The offences alles;ed against the petitioner are under Sections 370(A)(2) of the lrdian Penal Code (for shcrt IPC') and 3, 4, 5 of the lmm,:ral Traffic (Prevention) Ar:t, 1956 (for sho( 'the Act').

02. lleard Sri K.olli Ganapathi, learned r:ounsel for petitioner and Sri Jithender Rao Veeramalla, learneri Additional Public Proseclrtor for the State

03. lr brief, the case of the prosecution is that the Police, receiv,:d credible information about running of brothel house and raiJed the premises at Room No.10,4th[:loor, Royal lnn Oyo Hotel, ,Above Apna Bazaar, 100 Feet road, [\4ardhapur and found that the ;accused Nos l to 4 were organizing brcthel house and petitioner-accused No 5 is the customer of the ,said brothel house. 2

04. Learned counsel for petitioner submitted that the woman who was found with petitioner_accused No.S, is not a trafficked woman and the petitioner is nothing to do with the alleged offences. The ingredients of the offence under Sections 37O(AN2) of lpC and 3, 4, S of the Act does not attract to the present case on hand Thereby, he prayed to quash the criminal proceedings against the petitioner. J

05. Learned Additional public prosecutor for the State submitted that there are specific allegations against the petitioner and the truth or otherwise would come out only after conducting full-fledged trial by the concerned Court below and prayed to dismiss this Criminal petition.

06. In view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 370 of IPC: "370. Trafficking of a person: (.1 )Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- Firstl using threats, or Seco using force, or any other form of coercion, \ \ 3 Thirdlt"- by abduction, or Fourthfu- by practising fraud, or deception, or Fifthlv--- by abuse of power, or Sixthlv'-- by inducement, including the givirg or receivirt,J of payments or benefits, in order to ac hieve the consent of any person having control over the person recruited, transpofied, harboured, transferred or receivecl, commits the offence of trafficking. Explanation 1- The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices simil;lr to slavery, servitude, or the forced removal of organs. Explangllpn_!- The consent of the victim is immerterial in deter rnination of the offence of trafficking. (llWhoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term r,vhich shall nct be less than seven years, but which may extend tr: ten years, and shall also be liable to fine. @/Where the offence involves the trafficking of more than orrr: person, it shall be punishable with rigr:rrous imprisorment for a term which shall not be less than ten years krut which may extend to imprisonment fo life, and shall also be lrable to fine. (!)Vtlhere the offence involves the trafficking of a ntinor, it shall bre punishable with rigorous imprisonment for a term whrch shall not be less than ten years, but \yhich may extend to imprisonment for life, and shall also be liable to 'ine. @lWhe"c' the offence involves the trafficking of nore than 9rrr.. minor, .it shall be punishable with rigc:rous / / l I 4 ) imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (Qlf a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person,s natural life, and shall also be liable to fine. Q)When a public seryant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonrnenl for the remainder of that person's natural Iife, and shall also be liable to fine.,'

07. Section 370(4) of lpC reads as under Exploitationofa trafficked person: (llWhoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine (!)Whoever, knowingly by or having reason io believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine. t \ I I I 5

08. As per Sections 370 and 370(A) of IPC any person by using threilt or force or any form of coercion or zrbduction by practicing fraud or deception or by abusing of power or by inducing can only be t(?rmed as a 'trafficked person'. ln the p"esent case, even according to the prosecution, the victim was doing prostitution for the sake of money

09. ft,low coming to Sections 3, 4 and 5 of the Act, the provisions in cletail are extracted below

3. Puqtshment for keepin es to be used as a brothel. i>wing (llAny person who keeps or manages, or a;ts or assistr; in the keeping or management of, a brothe,l shall be p:nishable on first conviction with ril:lorous imprisonment for a term of not less than one year and not more than three years and also with fine whicr may extencl to two thousand rupees and in the evert of a seconrl or subsequent conviction, with rir:lorous imprisrrnment for a term of not less than two yea-s and not mr:re than five years and also with fine whictr may extencl to two thousand rupees. B)Any person who- (e.lbeirtg the tenant. lessee, occupier or pers on in charger of any premises, uses, or knowingly allov,,s any other 1>erson to sue, such premises or any part trereof as a brlthel, or 6 ( @lbeing the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part 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 extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine. (QNotwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clause (a) or clause (b) of sub-section (2) of any offence under that sub-section in respect of any premises or any part thereof, any lease or agreement under which such premises 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 for livins on the earninqs of from the date of the said conviction. 4. Punishment prostitution. (l,lAny 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 shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. (!)Where any person is proved- 7 (a,lto lle living with, or to be habitually in the co npany of, a p rostitute; or (!,lto have exercised control, direction or influence over the mcvements of a prostitute in such a manner as to show that such person is aiding, abetting or comDelling her pr:stitution; or (c,lto b,e acting as a tout or pimp on behall of a prostitute, it shall be presumed, until the contrary is proveri that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1):Provided that no such presurnption shall be drawn in the case of a l,;on or daughter of a prostitute, if the son or daughter is below the age, of eighteen years.

5. Prctcurina. the sake of prostitution. inducinq or takino woman or oirl for (!/An1' person who- (qlpro,:ures or attempts to procure a woman or girl, wheth,:r with or without her consent, for the purp,:se of prostit-rtion; or /b.)induces a woman or girl to go from any plact,r, with the inlent that she may for the purpose of prostitution beconre the inmate of, or frequent, a brothel; or (q[takes or attempts to take a woman or girl, or causes a worrran or girl to be taken, from one place to arother with a iriew to her carrying on, or being brought up to carry ()n prostitution; or (d)causes or induces a woman or girl to carry on prostitrrtion;shall be punishable on first convictior with rigorous imprisonment for a term of not less thar one 4 I I u 8 o year and not more than two years and also with fine which may extend to two thousand rupees. Q)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 less than two years and not more than five years and also with fine which may extend to two thousand rupees. @)An offence under this section shall be triable- (4,lin the place from which a woman or girl 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 (Qlin the place to which she may have gone as a result of the inducement or to which she rs taken or caused to be taken or an attempt to take her is made.

10. The Sections 3,4 and 5 of the Act deals with regard to punishment for keeping a brothel or allowing premises to be used as a brothel, punishment for living on the earnings of prostitution; punishment for procuring, inducing or taking woman or girl for the sake of prostitution. There are no allegations against the petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured girl for doing prostitution. ln the present case on hand, as per the case of prosecution, the sole allegation against the petitioner-accused No.5 is that he is the ..r*d,tir 9 customer. Therefore, the allegation against the petition,:r does not constitute the cffences under Sections 3, 4, 5 of the Act 11 As seen from the entire case record, ihe victims joined brothel lrouse and given their willingness to do sex with the customers. Fufihermore, at the stage of filing of the Flll or during the course of irrvestigation or through the averments of the charge sheet, the Poli:e could not putforth any material to s.rbstantiate that the petitioner had knowledge and/or the reason to helieve that the women rn,ere trafficked for the purpose of 5 rostitution. Therefore, the ingredients required for constituting the offence under Section ll70(A)(2) of IPC are not made out against the petitioner. 12 lr vrew of the above discussion arrd having considered the fact that the petitioner-accused No.,l had no knowledge thal the woman were trafficked for the p:urpose of prostitution, this; Court is of the considered view that the continuation of the proceedings against the petitione,r_?ccUSed No.5 amounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.5 are liable to be quashed. l ) t I T 10 (j

13. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.5 in S.C.No.473 of 2024 on the file of the learned V Additional Chief Judicial tVlagistrate, Rangareddy District at Kukatpally, ate hereby quashed As a sequel, pending miscellaneous applications, if any, shall stand closed //TRUE COPY// i -^ Sd/. V. HARI PRASAD ASSISTANT REGISTRAR SECTION OFFICER

1. The Learned V Additional Chief Judicial [4agistrate, Rangareddy District at Kukatpally.

2. The Station House Officer, Madhapur Police Station, Hyderabad.

3. One CC to Sri Ganapathi Kolli, Advocate IOPUC]

4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana I I To, at Hyderabad [OUT]

5. Two CD copies. BJLBigh \ \ HIGH COURT DATED:1210212025 ORDER CRLP.No.1 5688 of 2(t2.4 I CRIMINAL PETITION IS ALLOWED @ :-.,\ 1 ilE s r,.1 r--\),\'.. (f 22APH26 ,,, , C' ).