Telangana High Court
Valli Subramanyam vs The State Of Telangana on 21 June, 2022
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5249 of 2022
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings in S.C.No.109 of 2021, pending on the file of VI Addl. Metropolitan Sessions Judge at Secunderabad. The petitioner herein is accused No.2 in the above said crime. The offences alleged against him are under Sections 370 and 370 (A) of IPC and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, 'PIT Act').
2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for 1st respondent. Perused the record.
3. In the complaint as well as in the remand report, the only allegation against the petitioner/A-2 is that on 14-12-2021 he contacted A-1 on phone for sex workers, A1 had taken an amount of Rs.4,000/- from A-2 and sent 2 female sex worker to the flat of A-2. Thus, as per the contents of the FIR, petitioner/A-2 is only a customer.
4. In Mohammad Riyaz v. State of Telangana1, it was held that proceedings under Sections 3, 4 & 5 of the PIT Act and Section 370 of IPC against a customer are not maintainable.
5. Section 370 of IPC deals with trafficking of a person and as per it, whoever, for the purpose of exploitation (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons using threats or force, etc., is punishable.
6. A perusal of the complaint as well as the remand report lacks the ingredients of Section 370 IPC.
7. Section 370(A)(2) of IPC deals with exploitation of a trafficked person. As per it, whoever, knowingly by or having reason to believe that a person has been trafficked, 1 Criminal Petition No.5803 of 2018, decided on 27.06.2018 3 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.
8. As discussed above, the only allegation against the petitioner / A-2 is that on 14-12-2021 he contacted A-1 on phone for sex workers, A-1 had taken an amount of Rs.4,000/- from A-2 and sent female sex worker to the flat of A-2. Thus, he is a customer.
9. In view of the above, this Court is prima facie of the opinion that the contents of the complaint as well as the remand report constitute the offence under Section 370(A) of IPC, and as discussed above, the offences under Sections 370 of IPC and Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956 are liable to be quashed.
10. This Court, vide order dated 16.06.2021 in Crl.P.No.4445 of 2021, quashed the proceedings against A6 4 in Crime No.278 of 2021 insofar as Section 370 of IPC and Sections 3, 4 & 5 of PIT Act.
11. Therefore, this Criminal Petition is partly allowed quashing the proceedings against the petitioner/A-2 in S.C.No.109 of 2021, pending on the file of VI Addl. Metropolitan Sessions Judge at Secunderabad, insofar as the offences under Section 370 of IPC and Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956 are concerned. This Criminal Petition is dismissed insofar as the offence alleged against the petitioner/A-2 under Section 370(A) of IPC.
Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.
___________________ K. LAKSHMAN, J June 21, 2022 PN 5 HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.5249 of 2022 June 21, 2022 PN