Telangana High Court
Bandi Naresh, vs The State Of Telangana on 29 April, 2025
Author: N.Tukaramji
Bench: N. Tukaramji
HONOURABLE SRI JUSTICE N. TUKARAMJI
CRIMINAL PETITION NO.5697 of 2025
ORDER:
This criminal petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') seeking quashment of proceedings in Sessions Case No.445 of 2022 on the file of the Senior Civil Judge-cum-Assistant Sessions Judge Court, Ranga Reddy District at Kukatpally.
2. The petitioner is accused No.2 charged for the offences under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, 'PITA').
3. I have heard Mr.M.Suman, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.
4. Briefly stated the prosecution case is that on 20.02.2021 the police on credible information of organizing brothel house surprised the Studio 11, H.No.1-96/8/13, Techno Polosis Building, 1st Floor, Arunodaya Colony, Madhapur and found the petitioner 2 NTR,J Crlp_5697_2025 along with a woman/victim. Upon due proceedings complaint was lodged and a case in Crime No.185 of 2021 has been registered.
5. Learned counsel for the petitioner would submit that as per the complaint and even in the charge sheet, the petitioner is customer. The record of prosecution is not disclosing that the petitioner has knowledge of trafficking or his involvement in any manner in organizing the prostitution. Thus prosecution under Sections 3, 4 and 5 of the PITA is unsustainable, as such prayed for intervention and to quash the proceedings against the petitioner.
6. Learned Additional Public Prosecutor submits that the petitioner is customer and the trial Court has taken cognizance for the offences under Sections 3, 4 and 5 of the PITA.
7. I have carefully perused the materials on record and the submissions of the learned counsel.
8. The prosecution allegation against the petitioner ex facie is that the petitioner/accused No.2 is found along with the victim in a room at a place arranged by the organizer/other accused and as customer, however the prosecution presented the petitioner for 3 NTR,J Crlp_5697_2025 the offences under Sections 3, 4 and 5 of PITA and the Court has taken cognizance accordingly.
9. For better appreciation, Sections 3, 4 and 5 of the PITA are extracted hereunder:
3. Punishment for keeping a brothel or allowing premises to be used as a brothel.
(1)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 than one year and not more than three years and also 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 of not less than two years and not more than five years and also with fine which may extend to two thousand rupees.
(2)Any person who-
(a)being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to sue, such premises or any part thereof as a brothel, 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 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.
4 NTR,J Crlp_5697_2025 (3)Notwithstanding 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 from the date of the said conviction.
4. Punishment for living on the earnings of prostitution.
(1)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.
(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, 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; or
(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 earnings of prostitution of another person within the meaning of sub- section (1):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 of eighteen years.
5. Procuring, inducing or taking woman or girl for the sake of prostitution.
(1)Any person who-
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(a)procures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or
(b)induces a woman or girl to go from any place, with the intent that she may for 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 be taken, from one 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 imprisonment for a term of not less than one year and not more than two years and also with fine which may extend to two thousand rupees. (2)In 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. (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 attempt 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 to which she is taken or caused to be taken or an attempt to take her is made.
10. Section 3 of the PITA deals with the offence of keeping or allowing premises to be used as a brothel. Section 4 prescribes punishment for living on the earnings of prostitution, and Section 5 relates to procuring or inducing a person for prostitution.
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11. In the instant case, there is no allegation in the complaint or charge sheet, or in the witnesses statements, or in other prosecution record suggesting that the petitioner was involved in organizing or managing prostitution or living on its earnings. Even if the allegations are considered at the best he would stand in a position of customer. However, for the reasons best known to the investigating agency, the petitioner has been charge sheeted for Sections 3, 4 and 5 of the PITA, as if he is organizer and part of running the brothel and the Court has also taken cognizance under these offences.
12. Having considered the materials and as no allegation much less legally acceptable material showing that the petitioner in anyway involved in trafficking, living on the earnings and part of running the brothel house, it shall be held that the material is clearly falling short to make out essentials to hold the petitioner liable for prosecution for the offences under Sections 3, 4 and 5 of PITA.
13. For the aforesaid reasons and in the absence of qualifying material to continue the proceedings, this Court is of considered 7 NTR,J Crlp_5697_2025 view that continuance of proceedings against the petitioner would be abuse of process.
14. Accordingly, this Criminal Petition is allowed. The cognizance order for the offences under Sections 3, 4 and 5 of the PITA in Sessions Case No.445 of 2022, pending before the Senior Civil Judge-cum-Assistant Sessions Judge Court, Ranga Reddy District at Kukatpally, is hereby quashed against the petitioner/accused No.2.
As a sequel, pending miscellaneous petitions if any, stands closed.
_______________ N.TUKARAMJI, J Date:29-04-2025 Lk