The High Court · 2025

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 SC .No 713 ot 2O24 (Old PRC Case No. 299 of 2O23) (Crime No. 833 of 2O22 of P S Banjara Hills. Hyderabad, TG), on the fite of the Hon'ble vll Addl., Metropolitan Sessions Judge, Hyderabad, TG and quash the same against the petitioner/accused No 3' l.A. NO: 1 OF 2024 Petition under section 528 of BNSS praying that in the circumstances stated in the fVlemorandum of Grounds of criminal Petition. the High court may be pleasedtostayallfurtherproceedingsincludingtheappearanceofthe petitioner/accused No.3 in sc ,No. 713 of 2024 (old PRC Case No. 299 ot 2023) (crime No. 833 of 2022 of P.s Baniara Hills, Hyderabad. TG). on the file of the Hon,ble vll Addl. Metropolitan sessions Judge. Hyderabad, TG, pending disposal of the above criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Bethi Venkateswarlu. Advocate for the Petitioner and sri Jithender Rao Veeramalla, Additionat Public Prosecutor on behalf of the Respondent. The Court made the following Order : I IION'BLE SMT. JUSTICE JUVVAI)I SRIDEVI CITINII NAI, PETITION No. t620l of2024 OITDEII: This criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for sho( 'BNSS')' seeking to quash the proceedings against the petitioner/accused No'3 in S.C.No.7l3 of 2024 on the file of VII Additional Metropolitan Sessions Judge, I{yderabad, pertaining to Crime No'833 of 2022 of P.S. Banjara Hills, registered for the offences punishable under Secrions 3 to 5 of the Immoral Traffic (Prevention) Act, 1956 (for short 'Act').

2. Fleard Sri Bethi Venkateshwarlu, learned counsel for pctitioner and Sri Jithender Rao Veeramalla' learned Additional Public I'rosecutor appearing for the respondent-State arld perused thc rccord. l. The case of the prosecution, in brief is that' orr receiving creclible inlormation about running of a brothcl house' the Police' l]arr.iara ttills, raided the premises i'e', H'No'8-2-609141M' blat Ntl.l0l' Cjowri Shankar Colony, Road No.ll, L}arrjara Hills, lhclerabatl and lound that accused Nos'l and 2 scre organll-lllg 2 the said brothcl house and the petitioner/accused No.3 was found in the capacit), of customer in the said premises. Ilasing on the said complaint, a case in Crirne No.833 of 2022 was registered against the accused and after completion of investigation, charge sheet was filerl, cognizance was taken and the case rvas numbered as P.R.C.No.299 of 2023. Thereafter, the learned Nlagistrate has committed the case to the Sessions Court and the same was re-numbered as S.C.No.7l3 of 202* by the learned Sessions Judge. 4 Learncd counsel lor the petitioner would submit that though the petitiorrcr is irrnocerrt, I-re has been falsely implicated in the sub.ject clirrrc. Sirrcc the petitioner was found at the prentiscs in the capacitv ol"custonrer', the offences alleged against him are not at all attractcd. llence, he prayed to quash the proceedings against the pctitioner.

5. On lhc othcr lrand, lcarned Additional Public Prosecutor subrnitted thet thcre are specific allegations againsl the petitioner and the truth ur otlrcrrvise ol thc allegations levelled against the petrtloner can onlv lrc krrou'n alier conducting fult-flecleed trial 3 before the Sessions Court, and hence, he prayed to dismiss the crirninal petition.

6. I;or tl're sake of convenience, Sections 3 to 5 of the Act are extracted hereunder:

3. l'unishment for keeping a brothel or allowing premiscs to be uscd as a brothcl' (l )Any pcrson who keeps or manages' or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction wilh rigorous imprisonment for a term ol not less than one year and not more than three years and also with fine s'hich may extend to two thousand rupees and in the event ol'a second or subsequent conviction, with rigorous inrprisonrncnt {br a telm of not less than 1wo years and not morc than llve years and also with fine which may extend to t\\'o thousand rupees.(2)Any person who-(a)being the tenant, lesscc. occupicr or person in charge of any premises' uses, or kntlri ingll- allor,,'s any other person to sue, such premises or an\ part thcreol as a brothel, or(b)being the owner, lessor or landlord of anl' premises or the agent of such owner' lessor or lancllord. lcts the same or any part thereof with the knowledge (hat the same or any part thereof is intended to be used as a brothel. or is rvitlfutly a party to the use of such premises or an] par1 thersof as a brothel. Shall be punishable on first conr iction rlitlr imprisonment fol a term which may extend to t\\o \ears antl rvith fine which may extend to two thousand rupces antl in thc evcnt of a second or subsequent conviction- s ith lirlrrous imprisonment lor a term which may extend to livr vcars and also with fine.(3)Notwithstanding anything containctl in an1' other larv for the time being in lbrcc. on conr iction ot'rn1' person referred to in clause (a) or clausc (b) ot'sub-scction (2) ol any offence under that sub-section in rcspcct ol' anl premises or any part thereof, any leasc or agr.crlrcrlt trndcr ll'lrich such premises have been leascd out or arc hekl or occupied at the time of the comrnission ol the ollbncc- shall hecorne void and inoperative with eft'ect from thc tlatc ol tht said conviction. 4

4. Punish mcnt for living on thr earnings of prostitution. (l)Any person over the age ol eighteerr years who knowingly Iives, wh,rlll- or in part, on the earnings of the prostitution of a woman or girl shalt be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to onc thousand rupecs, or with both. (2)Where an), person is provcd- (a)to be living rvith. or to be habitually in the company of, a prostitutc; or (b)to have exercised control, direction or influence over the movements of a prostitutc in such a manner as to show that such person is aiding, abetting or compelling her prostitution; (c)to be acting as a tout or pinrp on behalf ol a prostitute, it shall be presumed, until the contrary is proved, that such person is knorvingly living on the carnings of prostitution of another person within the meaning ofsub-section (l):Provided that no such presumption shall be drawn in the case ofa son or daughter of a prostitute, if the son or daughter is below the age of eightcen vears.

5. Itrocuring, inducing or taking woman or girl for the sake of prostitution. ( I )An]' oerson s ho- (a)procures or atternpts t() procure a woman or girl, whether with or without her consent. lirr the purpose olprostitution; or (b)induces a wonran or girl tri go tiom any place, with the intent that shc nral' lbr thc purpose of prostitution become the inmatc of'. or tiequent. a brothcl: or (c)takes or atternpts to takc a rvoman or girl, or causes a woman or girl to be taketr. li'ont one place to another lvith a view to her carrying on. or being brought up to carry on prostitution: or (d)causes or induces a \\:oman or qirl to carry on prostitution; shall hc punishabte on Iirsl conr.iction with rigorous imprisonnrent for a tcrnr ol'not less than one year and not more than two years and also $'ith line rvhich rnay extend to two thousand rupees. (2)ln tlrc crcnt oi a second trr. suhscquc-nt conviction of an of'llncc rrrrtlcr this scction:r Pcr\on sitall lrc punishable with rigorous intprisonnrent lirr a tcrrrr ()l'not lcss than two years : 5 J and not morc than live ycars and also with fine which may c\tcrld t() t\\o tht)usalld ruPCcs. (l )An otfence under this section shall be triable-(a)in the place lrom u'hich a womarl or girl is procured, induced to go, taken or caused to be taken or ttonl which an attempt to procure or takc such $/omall or girl is made; or(b)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 hcr is made." Sections 3, 4 and 5 of the Act prescribe punishment for

7. keeping brothel in the premises and living on the earnings of the prostitution and inducing the trafficked person for the sake of prostitution. [n the instant case, on a perusal of the material on record, it is evident that there are no specific allegations against the petitioner that he is running the brothel house, or he is living ol1 the earnings of prosl.itution' or he has procured woman for doing prostitution attd to prove the same, no material is produced 'l'hc only allegation against the petitioner is bl the prosecution. that he was fbund at the prcmises in the capacity of 'customer" hence, the proceedings against the petitioner for the offences under Scctions 3 to 5 ot'the Act, are tiable to be quashed' 8 In vieu' o[' the albresaid discussion, the proceedings against thc petitiorrcr'/accused No.3 in S'C'No'713 of 2024 on the 6 file of VII Additional Metropolitan Sessions Judge. Hyderabad, are hereby quashed.

9. Accordingly, this Criminal Petition is allowed. Pending misce[laneous applications, il any, shall stand closed. ,TRUE COPY// sJl{ LAKSHMI BABU T REGISTRAR ASSIST ,\ OFF ICER

1. The lll Additional Chief Metropolitan Magistrate at Nampally' Hyderabad 2.ThestationHouseofficer,BaniaraHillsPS,HyderabadDistrict 3. Two CCs to the Public Prosecutor' High Court for the State of Telangana' Hyderabad [OUT]

4. One CC to Sri Bethi Venkateswarlu' Advocate [OPUC] 5. Two CD CoPies \ To, VA/gh $ HIGH COURT DATED:0810112025 ! ORDER CRLP.No.162U of 2024 I c o 0 t L) 1 H E s I:r )6 'Jl {tt I |. I. o a ? 0 rfB f..to4 rcH€c ALLOWING THE CRLP @ott' h,