High Court · 2025

Petition under Section 528 BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the petitioner / accused No. 4 in SC No. 785 of 2022 on the file of the XXI Metropolitan Magistrate Cyberabad at Medchal, lvledchal Malkajgiri District in the interest of justice. 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 to grant stay of all further proceedings, of the petitioner / Accused No. 4 in SC No. 785 of 2022 on the file of the XXI Metropolitan Magistrate Cyberabad at Medchal, ltrledchal Malkajgiri District pending disposal of the main Crl. Petition. [] This Petition coming on for hearing' upon perusing the Memorandum of GroundsofCriminalPetitionanduponhearingtheargumentsofSriAmbedkar Dunna, Advocate for the Petitioner and Sri Jithender Rao Veeramalla' Additional Public Prosecutor (TG) on behalf of the Respondent No l and none appeared for the ResPondent No 2. The Court made the following: ORDER T J l HON'BLE SMT. JUSTICE JU\ryADI SRIDEVI CRIMINAL PETITI ON No.16397 of 2024 ORDER: This criminal petition is filed under Section 52g of Bharatiya Nagarik Sirraksha Sanhitha, 2023 (for short ,BNSS,), seeking to quash the proceedings against the petitioner/accused No.4 in S.c.No.7g5 of 2022 on the file of the XXI Metropolitan Magistrate, Cyberabad at Medchal, Medchal-Malkajgiri District, pertaining to Crime No.9gg of 2021 of p.S. Jeedimetla, registered for the offences punishable under Sections 370 of IPC and Sections 3 to 5 of the Immoral Traffic (prevention) Act, 1956 (for short'Act').

2. Heard Sri Dunna Ambedkar, learned counsel for petitioner and Sri Jithe.der Rao veeramalla, Iearned Additionar public prosecutor appearing fbr the respondent-State and perused the record.

3. The case ofthe prosecution, in brief, is that, on receiving credible information about running of prostitution, the police, Jeedimetla, raided the prcmises i.e., H.No.6-174, opposite Happy Children Ilospital, Dwarakapuri Colony, Chinthal and found the petitioner/accused No.4 in tl're capacity ol customer, along with the victim woman. Basing on the said complaint, a case in Crime No.988 of 20Zl was registerecl against l 7 the accused and after completion of investigation, charge sheet was filed, cognizanc€ was taken and the case was ttumbered as S.C.No.785 of2022 by the learned Sessions Judge.

4. Learned c<,unsel for tl.re petitioner would submit that though the petitioner is innocent, he was falsely implicated in the subject crime. The victim woman who was found in the premises was not a trafficked woman and since the petitioner was a 'customer',, the of'fences alleged against him are not at all attracted. Hence, he prayed to quash the proceedings against the petitioner.

5. On the oth,:r hand, learned Additional Public Prosecutor submitted that there are sp,lcific allegations against the petitioner and the truth or otherwise of the atlegations levelled against the petitioner can only be known after con,lucting full-fledged trial before the Sessions Court, and hence, prayed to dismiss the criminal petition.

6. For the sal,e ofconvenience, Sections 370 and 370(A) of IPC and Sections 3 to 5 olthe Act are extracted hereunder: "370. Trafficking of a Person: (1)Whoever, lor the purpose of explortation, (a) recruits, (b) transports, (c) harbours, (d) transfers. or (e) receives, a person or persons, by- Firstlv- using threats, or Secondl using force, or any other form of coercion, c,r l 3 ft .: Thirdlv- by abduction, or Fourthlv- by practising fraud, or deception, or Fifthlv- by abuse ofpower, or Slrlhlv- 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 recruited, transported, harboured, fansferred or received, commits the offence ol trafficking. Explanation I The expression ,'exploitation,, shall include any act ol physical exploitation or any lorm of sexual exploitation, slavery or practices similar to slavery, servitude, or lhe lorced re moval olorgans. Explanation 2 The consent of the victim is immaterial in determination of the olfence of trafficking. r'2)Whoever commits the oflence of trafficking shall be punished r.vith 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. r/-1)Where the olfence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment fgr a term which shall not be less than ten years but which may extend to imprisonment lor life, and shall also be liable to fine. (4)Wherc the ot'f ence involves the trafficking of a minor, it shall be punishable rvith rigorous imprisonment for 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. f/Where the oflence involves the trafficking of more than one minor. it shall be punishable with rigorous imprisonment for a term which shall not be less than fou(een years, but which may extend Io imprisonment for life, and shall also be liable to fine. t'6)[f a person is convicted of the offence oltralficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for l.he remainder of that person's natural life, and shall also be liable to fine. (!)When a public servanr or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment lbr life, which shall mean imprisonment lor the remainder of that person's natural life, and shall also be liable to fine." I 4 Sectlon .170(A) of IPC reads as under: E.tploitatio tl of a tra cked person fi/Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, slnll be punished with rigorous imprisonment for a temi which shall not be less than five years. but which may extelld to seven years, and sha[l also be liable to fine. p)Whoever, knowingly by or having rcason to believe that a person-has been trafficked, engages such person lor sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three yeais, but which may extend to five years, and shall also be liable to fine.

3. Punishmcnt for keeping a brothcl or allowing premiseg to bc used as a brothel. (l)Any person who keeps or manages, 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 lhan one year and not more than three years and also with fine which may extend to two thousand rupees and ir.r the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not morc than five years and also with fine which may extend to two t.housand rupees.(2)Any person nho-(a)being the tenant, lessee, occupier or person in charge cif any premises, uses, or knov.,ingly allows any other person to sue, such premises or any part thereof as a brothei, or(b)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 knorvledge that the same or any part thereof is intended to be used as a brothel, or is willfully a party to the use of such premises or any part thereof as a brothel. Shall be punishable on first convjction with imprisonrnent for a term which may extend to two vears and 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 which may extend to five years and also with fine.(3 )Notwithstanding anything contained in agl other law fbr the time being in force, on conviction ofZny person ret'erred to in clause (a) or clause (b) 5 of sub-section (2) ol any offence under that sub-section in respect of any premises or any paft thereof, any lease or agreement undcr which such premises have been leased out or are held or occupied at the time of the commission of the offlence, shall become void and inoperative with elfect from the date ofthe said conviction. ,1. Punishment for living on thc earnings of prostitution. (l)Any person ovcr the age of eighteen years who knowingly lives, wholly or in part, on the eamings of the prostitution of a woman or girl shall be punishable with imprisonment for a term which may cxtend to two years, or with fine which may extend to one lhousand rupecs, or with both. (2)Where any person is proved- (a)to be living with, or to be habitually in the company of, a prostitute; or (b)to have exercised control, clirection or influence over the movements of a prostitute in such a mamer as to show that such person is aiding, abctting or compelling her prostitution; (c)to be acting as a rout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the eamings of prostitution of another person within the meaning of sub-section (l):provided that no such presumption shall be drar.vn in the oase of a son or daughter o1'a prostiturc. il'the son or daughter is below the age of eightcen years.

5. Procuring, inducing or taking lvoman or girl for the sake of prostitution. ( I )Any person wlio- (a)procures or attempts to procure a woman or girl, whether with or without her consent, for the purpose olprostitution; or (b)induces a woman or girl to go from any place, with the intent that she may ior the purpose of prostitution become the inmate of, or frequent, a brothel; or (c)takes or attempts to take a woman or girl, or causes a woman or girl to bc taken. from onc place to another with a view to her carrying on, or being brought up to carry on prostitution; or (d)causes or induces a woman or girl to carry on prostitution; shall be punishable on first conviction with rigorous I 6 imprisonment for a term ofnot less than one year and not more than two years and also with fine which may extend to two thousand rupees. (2)ln the event of a second or subsequent cor.rviction of an oflence under this section a person shall be punishable with rigorous imprisonment lor a term ol.not less than two years and not lnore than five years and also with fine which may extend to two thousand rupees. (3)An offence under this section shall be triable-(a)in the place from which a woman or girl is procured. induced to go, taken or caused to be taken or from which an attelnpt to procure or take such woman or girl is made; or(b)in the place to which she may have gone as a result of the inducement or 10 which she is taken or caused to be taken or an attempt to take her is rnade.,,

7. As per Section 370 of IPC, any person by using threat or force or any form ofcoercion or abduction or by practicing lraud or deception or by abusing of power or by induci.g ca, only be termed as a'trafficked person'. ln the present case, as seen from the entire case record, the victim stated that she was doing prostitutio, flor the sake of money and she joined brothel house and given her willingness to do sex with customers.

8. Sections 3,4 and 5 of the Act prescribe punishment for keeping brothel in the premises and living on the earnings of the prostitution and inducing the trafEcked person for the sake ofprostitution. In the instant case, on a perusaI of the material on record, it is evident that there are no specific allegations against the petitioner that he is running the brothel ''-::ri-t=7s€rz / ,,, 7 house, or he is living on the earnings of prostitution, or he has procured woman for doing prostitution and to prove the same, no material is produced by the prosecution. The only allegation against the petitioner is that he was found at the premises in the capacity of 'customer', hence, the proceedings against the petitioner ibr the offences under Sections 3 to 5 of the Act, are also liable to be quashed.

9. In view of the aforesaid discussion, the proceedings against the petitioner/accused No.4 in S.C.t...-o.785 of 2022 on the file of the-XXI Metropolitan Magistrate, Cyberabad at Medchal, Medchal-Malkajgiri District, are hereby quashed.

10. Accordingly, this Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed Sd/- T. TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER / To, l,TheXXlMetropoIitanMagistrateCyberabadatlVledchal'Medchal Malkajgiri

2. The Station House Officer, Jeedimetla Police Station cyberabad Hyderabad. 3. One CC to Sri Ambedkar Dunna, Advocate [OPUC] 4.TwoCCstothePublicProsecutor,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

5. Two CD Copies H- I I I HIGH COURT DATED:1010112025 ORDER CRLP.No.16397 o12024 e J C ,7- iHe siA /{. i)^ 22 FEB U[5 :,:rATCts e') i Allowing the Griminal Petition I c.P8q[ teF i$,5