The High Court · 2025

This Petition coming on for hearing, upon perusing the tr/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri DURGAIAH .M, 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 6 THE HONOUITABI,E SMT. JUSTICE JU\ryADI SR]DEVI (]IUMI\IAL PE'IITI ON No.15877 ol'2024 ORDI.]R: This Crirninal Petition is filed under Section 52g of the Bharatiya Nagarik Suraksha Sanhitha, 2023, (for short .B.N.S.S,) petitioner-accused No.2 to quash the proceedings against him in S.C.No.521 ol- 2024 on the file of rhe learned II Additional Metropolitan Sessio's Judge, cyberabad at L.B.Nagar. The offences alleged against petirioner are under Sections 370 (A) (2) of IpC and Sections 3, 4 and 5 ol- tl.re lrnmoral Traffic (prevention) Act, 1956 (for short 'the Act').

02. Heard Sri M.Durgaiah, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional public Prosecutor 1br respondent No.l - State and perused the record.

03. ln brie1, the case of the prosecution is that the police, Saroornagar Police Station received credible information about running of brothel house and raided H.No. lg_37/2, Road No.04, Kamalanagar, Saroornagar and found that petitioner/accused No.2 along with olher accused were present in the brothel house and petitioner-accused No.2 is the custorner of the said brothel house. 2 04' Learned counsel for petitioner submitted that the woman who was found with petitioner-accused No'2 is not a trafficked woman and petitioner is nothing to do with the alleged offences. The ingredients ofthe offence under Section 370(A) (2) of IPC and Sections 3,4 and 5 ofthe Act does not attract to the present case on hand. Thereby, he prayed to quash the criminal proceedings against petitioner-accused No'2'

05. Learned Additional Public Prosecutor for the State submittedthattherearespecificallegationsagainstpetitionerandthe 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 1he above facts and circumstances of the case, it is relevant to extract the provision under Section 370 ol IPC: "370. Traflicking of a Pcrson: (l)Whoever' for the purpose of exploitation, (a) recruits' (b) transports' (c) harbours, (d) transfers, or (e) receives' a person or persons, bY- Firstl Secondl using threats, or using force, or any other form of coerclon, or 3 -) Thirll Fourthl by abduction, or by practising fraud, or deception, or Fi SLtthl by abuse ofpower, or by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruiled, transpofted, harboured, transferred or received, commits the offence of trafficking. Explanation I - Thc expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavcry, ser'"itude, or the forced removal of organs. 'l'hc consent of the victim is Exn immaterial in determination of the offence of trafficking. lunatiort 2- (2)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. P/Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment lbr a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. I 4 (OWhere the offence involves the trafficking of a minor, it shall be punishable with rigorous irnprisonment for a term which shall not be less than ten years, but which may extend to imprisonmelrt for life, and shall also be liable to fine' (l/Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a tenn which shall not be less than but which may extend fourteen Years, life. and shall also be liable to fine' imprisonment for convicted of the offence of (!)lf a Person trafficking of minor on more than one occasion' thet.t such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that petson's natural life' and shall also IS be liable to fine. Q)When a public servant 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 imprisonment for the remainder of that person's natural life, and shall also be liable to fine'"

07. Section 370(A) of IPC reads as under: itatiqtt o o tra crsorl'. 5 (/Whoever, knowingly or having reason to believe that a minor has been trafficked, engages stich 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. (2)Whoever, knowingly by or having reason to 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.

08. As per Sections 370 and 370(4) (2) of IpC, any person by using threat or force or any forrn ofcoercion or abduction by practicing fraud or deception or by abusing of power or by inducing can only be termed as a 'trafficked person,. In the present case, even according to the statement of LW2-sex worker, she stated that she was doing prostitution for the sake of money.

09. Now coming to Sections 3, 4 and 5 of the Act, the provisions in detail are extracted below:

3. Punisltment prentises to be used os t brothel. lbr keeptng a brothel or 0ilowins I 6 (!)Any person who kecps or lnanages' or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also rvith fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less thar.r two years and not more than five years and also with fine which may extend to two thousand ruPees' Q)Any person who- (g)being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to sue, such prernises or any part thereofas a brothel, or (!)being 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 parry to the use of such prernises 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 extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment / 7 /\ for a term which may extend to five years and also with llne. P/Notwithstanding anything contained in any other law tbr the time being in force, on conviclion of any person referred to in clause (a) or clause (b) of sub_ section (2) of any oflbnce under tl.rat sub-section in respect ofany 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 from the date of the said convict ion. 4. Punishnt enl liyin on the esr 0r o l)rostitution. (!)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 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- (g)to be living with, or to be habitually in the company of, a prostitute; or (!)to have exercised control, direction or influence over the movements of a prostitute in such a manner T 8 c as to show that such person is aiding' abetting or compelling her Prostitution; or @)to be acting as a tout or pirnp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (l):Provided that no such presumption shall be drawn in the case of a son or daughter of a prostitute, if the son or daughter is below the age ofeighteen Years' 5. Procurine, indrtctn g or takin tttolrl(ltl or rl for the sake of orostitrrtion. (l)Any person who- (glprocures or attempts to procure a woman or girl' whether with or without her cotrsent, for the purpose of prostitution; or (!,linduces a woman with the intent that prostitution bccome the or girl to go from anY Place, purpose of shc may for the inmate of, or frequent, a brothel; or (gltakes or attempts to take a woman or girl' or causes a woman or girl to be taken, from one place to another with a view to her carrying on' or being brought up to carry on prostitution; or ftllcauses or induces a woman or girl to carry on prostitution; shall be punishable on first conviction \ i 9 with rigorous imprisonment for a term of not less than one year and not more than two years and also with flne which may extend to two thousand rupees. (2)ltt the event of a second or subsequent conviction of an offence under this section a person shatl 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. (3)An offence under this section shall be triable- (g)in the place frorn which a woman or girl is procured, induced to go, taken or caused to be taken or liorn which an attempt to procure or take such woman or girl is made; or (!)in the place 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 attempt to take her is made.

10. 'l'l-re Scctior.rs 3, 4 and 5 of the Act deals with regard to punishn.rent fbr keeping a brothel or allowing premises to be used as a brothel, punisl.rmcnt fbr living on the earnings of prostitution; punishment lbr procurir.rg,, inducing or taking woman or girl for the sake of prostitution. There are no allegations against the petitioner that he is rurrning brothel, or he is living on the earnings of 10 prostitution, or he procured girl for doing prostitution' ln the present I case on hand, as per the case of prosecution' the sole allegation against petitioner-accused No'2 is that he is a customer' Therefore' the allegation against the petitioner does not constitute the offences under Sections 3, 4 and 5 ofthe Act' ll. As seen from the entire case record' including the statement of the victim recorded under Section 161 of Cr'P'C'' discloses that petitioner-accused No'2 is a customer and she clearly stated that due to poverty and other family backgrounds she joined brothel house and given her willingness to do sex with the customers and she collected money from the petitioner herein' Furthermore' there is no allegation in the FIR that the petitioner herein had knowledge and/or the reason to believe that the woman was trafficked for the purpose of prostitution' Therefore' the ingredients required to constitute the offence under Section 370(A) (2) of IPC is I I not made out against the pelitioner'

12. In view ofthe above discussion and having considered the fact that the petitioner-accused No'2 had no knowledge that the woman was trafficked for the purpose of prostitution' this Court is of the considered view that the continuation of the proceedings against E 11 petitioner-accused No.2 amounts to abuse of process of law' therefore, the proceedings against the petitioner-accused No'2 are liable to be quashed.

13. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No'2 in S'C'No'521 of 2024 on the file of the II Additional Metropolitan Sessions Judge, Cyberabad at L.B'Nagar, are hereby quashed' As a sequel, pending miscellaneous applications' if any' shall stand closed. To, Sd/- P. PADMANABHA REDDY ASSISTANT REGISTRAR ,TRUE COPY// ION OFFICER

1. The Court of ii Additional Metropolitan Sessions Judge,Cyberabad at L.B.Nagar.

2. The Station House Officer, Sarooranagar Police Station,Rachakonda, Hyderabad

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to SRI DURGAIAH M. Advocate [OPUC] 5. Two CD Copies pcsd-/gh I HIGH COURT DATED:0210112025 ORDER CRLP.No.15877 of 2O24 IHE S 14 ( o 1 1 riB 2025 o t aF PAT c t I t ALLOWING THE CRIMINAL PETITION \s 0\ U ,{