The High Court · 2025

The State of Telangana, Rep. by its Public Prosecutor High Court of Telangana at Hyderabad ...RespondenUDefacto Complainant Petition under Section 528 of BNSS praying that in the circumstaflces stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedirgs against the petitioner/accused No. 3 in S.C.No_ 725 of 2023 on the file of Honourbb V Addl. Metropolitan Session judge at Nampally, Hyderabad and pass l.A. NO: 2 OF 2024 Petition under Section 482 of CI.P.C 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 in S.C.No. 725 of 2023 on the fite of the V Addl. Metropolitan Session judge at Nampally, Hyderabad, including lhe appearance of the petitioner, pending disposal of the above Criminal petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petitbn and upon hearing the arguments of Sri SOMA RAVI KIRAN REDDY, Advocate for the Petitioner and the Pubtic prosecutor (TG) on behalf of the Respondent. The Court made the following: ORDER I , l i I I I i HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRI MINAL PETIT ION No. 16413 o f2024 . ORDER: This criminal petition is filed under Section 528 of Bharatiya Nagarik Sural<sha Sanhitha' 2023 (for short 'BNSS')' seeking to the petitioner/accused No'3 in quash the Proceedings agatnst of V Additional MetroPolitan S.C.No.725 of 1)'023 on the file Sessions Judge, I'lampally' Hyderabad' The offences alleged against the Petitioner are under Sections 3 to 5 of the Immoral Traffic (Prevention) Act I956 (tbr short'Act')- I.Ieard liri S Ravi Kiran Reddy' learned counsel for 2. petitioner arrd Sri Jithender Rao Veeramalla' learned Additional Public Prosectrttl'appearing fbr the respondent-State and perused the record The casc o1'thc Prosecutton' in brief, is that, on recelvlng 3. credible infbnlr'rtiotr about running of a brothel house' the Police' Saidabad, r'aiclcd the prctnlses l'e'' H.No. I 7-1 -383 I 199 lIP, lndraprastha C'olonr. Saidabad and found that accused No l w'as orgauizine tlie saicl brothcl hottse and the petitioner/accused No'3 was {b r-rr.rd in tl'rc capacit,\ ol- custotner in the said pretllises 2 Basing on the said complaint, a case in Crirne No.2g 4 of 20l:- was registered against the accused and after completion of investigation, charge sheet was filed, cognizance was taken and the case was numbered as P.R.C.No.34 of 201g. Thereafter, the learned Magistrate has committed the case to the Sessions Court and the same was re-numbered as S.C.No.725 of 2023 bv the learned Sessions Judge. 4 Learned counsel for the petitioner would submit that though tl-re petitioner is innocent, he has been falsely implicated in the subject crime. Since the petitioner was found at the preutises in the capacity of 'customer', the offences alleged against hirn arc rrot at all attracted. Hence, he prayed to quash the proceedings against the pcLitioner.

5. On thc other hand, learned Additional Public prosecu{or submittcd that there are specific allegations against the pet"itior.rcr and the truth or otherwise of the allegations levelled against thc petitioner can only be known after conducting full-fledged trial befbre tlie Sessions Court, and hence, he prayed to disrniss the crirl irral pctition 3 ,_\

6. For the'sake ofconveniencc, Sections 3 to 5 ofthe Act are extracted hereunder

3. Punishment for kecping a brothcl or allowing premiscs to be used as a brothcl. (l)Any person rvho keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction u,ith rigorous imprisonment for a term of not Iess than one year and not more than three years and irlso with fine whiclr may extend to two thousand rupees and in the event of a second or subsequcnt conviction, with rigorous imprisonnrent tbr a tcrm ol'not less than two years and not more than Iive lcars and also with fine which may extend to two thousand rupccs-(2)Any person rvho-(a)being the tenant, lessee, ocr:upier or person in charge ofany premises. uses, or knowingll, ailous any other person to sue, such premises or any part thcreol':rs a brothel. or(b)bcing the owner, lessor or landlord of'anv prenrises or tlre aqent of such owner. lessor or landlord, lets the same or anv pan thereof with the knowledge that the sanle or any part thereof is intended to be ttsed as a brothel, or is willlilly a pa[) to the use of such premises or any part thereof as a brothel. Shall bs punishable on first convictiorL rvith inrprisonnrent tbr a tcrm which may extend to two years and rr itli Ilne ulticlt rna) extend to two thousand rupees anrJ in tlrc cr cnt of a second or subsequent conviction, rvith rigoroLrs irrprisonrttent lbr a tcrnr which may oxtend to five yeur:; and also riith ti nc.13 )Ntitr.vithstand ing anything contained irr an-r otltcr lar'r lbl the time being in lbrce, on conviction ol'anl pcrson rclilrctl 1o in clausc (a) or clause (b) of sub-seotion (l) rrt' an) oflcncc undcr that sub-section in respect o1 ;111-,. prcrttiscs or an\ part thereof. any lease or agrcerncnt. uncicr u lrrch such prcmiscs have been leased out or are hcld or occrrpictl at tl)c tinre of the coninrission of the oflence. shall bcconrc roid and inopcrative with efl'ect from tl.re date o i the said conviction. 4. Punishment tbr living on thc carnings of prostitution. ( l)An1' p<. rsorr ()\ cr thr' ugc i,l cightccn vcars who knowingly lir,cs. rrLrt llr lrl irr part. ur) tlle rirrnin{s o['thc prostittttion ofa \voulzul ol qrrl slr;rll trc punishahlc rritlt intprisonru,:nl. tbt a 4 to one thousaud rupees, or with both. terrn which may extcnd to two years, or with fine which may €xtend (2)Where anv person is proved- (a)to be living with, or ro be habitually in the cornpany of, a prostitutc; or (b)to have excrcised control, direction or influence over the movements of a prostitute 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 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 ofsub-section (1):provided that no such presurnption shall be dra',vn in the case ofa son or daughter of a prosrirute, if the son or daughter is below the age ol eighteen vcars.

5. Procuring, inducing or taking woman or girl lbr the sakc of prostitution. ( I )Any person who- (a)procures or attempts to procure a wonran or girl, whether with or without her consent, for the purpose ofprostitution; or (b)induces a woman or girl to go from any place, with the intcnt that shc rnay, lor the purpose of prostih.rtion become the inmate oi or frequent, a brotl.rel; or (c)takcs or attcnlpts to take a woman or girl, or causes a \voman ot girl to be taken. liom one place to another with a vier,,' to her calrvinq on, or being brought up to carry on prostituti0n: or (d)causes or induces a woman or girl to carry on prostitution; slrall be punishable on first conviction with rigorous imprisonnrcnt firr a term of not less than one year and not nlore thao t\!o vears and also witl.r fine which may ex{end to two thotsand rupees. (2)tn the eleut of a second or subsequent conviction of an oflence undor this section a person shall be punishable with rigorotrs imprisclnnrcnt lor a temt of not less than two years and uot more than five years and also with fine which may c\lcnJ lo t\\i) th()u\and [u[ecs. (-i),.\n offencc unclcr this section shall be triable-(a)in the place tiorrr rr,lriclr.l \voulan or _uirl is procured, irrduced to go, taken or causecl to lre taken or {iom rvhich an attempt to procure o[ 5 take such v/oman or girt is made; or(b)in the place to rvhich she may havc gone as a result of the inducernent or tcr which she is taker or caused to be taken or an attempt to take hel is made."

7. Sectionl; 3, 4 and 5 of the Act prescribe punishnlent for keeping brothel in the premises and living on the earnings of the prostitution and inducing the trafficked person for the sake of prostitution. In 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 on the earnings of prostitution, or he has procured woman for t I doing prostitution and to prove the same, no material is produced bytheprosecul.ion.Theonlyallegationagainstthepetitioneris that he was found at the premises in the capacitl' of 'customer" hence, the proceedings against the petitioncr tbr the offences under Sections 3 to 5 of thc Act, are tiable to bc qLrashed 8 In view' of the aforesaid discussion, the proceedings against the petitioner/accused No.3 in S.C.No.725 of 202.3 on the file of V Ad<Jitional Metropolitan Sessions Jtrdge, Nampally, l-tyderabad, are lierebl' quashed 6 9 Accordingly, this Criminal petition is allowed Pending miscellaneous applications, if any, shall stand closed To, //TRUE COPY// L. LAKSHMI BABU ASSISTA T REGISTRAR c ION OFFICER

1. The Vll Addl. Achief Metropolitan Magistrate at Nampally, Hyderabad 2. The S.H.O, Saidabad Police Station, Hyderabad. 3. One CC to SRI SOMA RAVI KIRAN REDDY, Advocate [OPUC] 4. Two CCs to the PUBLIC PROSECUTOR, Advocate {OUTI 5. Two CD Copies &SM \ \ HIGH COURT DATED: 2010112025 ORDER CRLP.No.16413 ot 2024 T4 > R) ( l 22,iEB M P2 a ,at l.ra.$rttt .ieO * j::2 --a -1 ALLOWING THE CRIMINAL PETITION !tr €