Telangana High Court
Gowtham Shit vs The State Of Telangana on 6 June, 2022
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.2855 OF 2022
ORDER:
This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') to quash the proceedings in Crime No.1036 of 2021 of Gachibowli Police Station, Cyberabad Commissionerate.
2. The petitioner herein is arraigned as accused No.3 in the said Crime. The offences alleged against him are under Section - 370 (A) (2) of the Indian Penal Code, 1860 (for short 'IPC') and Sections - 3, 4, 5 and 6 of the Prevention of Immoral Traffic Act, 1956 (for short 'PITA')
3. Heard Ms. Nandita Guha, learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing on behalf of respondent - State.
4. In the complaint as well as the remand case diary, it is alleged that the Sub-Inspector of Police, Gachibowli, complainant, on 28.09.2021 at 17:00 hours received a credible information about running of a brothel house at Room No.401, OYO Town House, While Ridge Hotel, Raja Rajeshwari Colony, Kondapur, 2 KL,J Crl. P No.2855 of 2022 Serilingampally Mandal. Pursuant thereto, the complainant after obtaining permission from the Superior Officials, with the help of his police team raided the aforesaid premises, wherein accused Nos.1 and 2 being brothel organizers and the petitioner herein being Manager of OYO Town House were found indulging in brothel house by procuring the victim woman, by name Riya Paul.
i) On questioning, they voluntarily admitted their guilt of indulging in running brothel house and sexual assault with victim.
The police recorded their statements. When the victim Riya Paul was examined, she stated that two months ago she got acquaintance with accused No.1 and his girl friend, accused No.2 through her known persons. Accused Nos.1 and 2 are running brothel business. They advised her to do prostitution in Hyderabad so as to get more money. They asked her to come to Hyderabad for prostitution and promised her to pay Rs.25,000/- per week. Due to financial problem, she agreed. On 25.09.2021, accused No.1 took her and accused No.2 in his Car and on 27.09.2021 they brought her to Hyderabad. Accused No.1 booked room No.401 in OYO Town House with the help and support of its Manager, the petitioner 3 KL,J Crl. P No.2855 of 2022 herein and kept her in that room and accused No.1 provided some condoms. They also took adjacent room in the said hotel and they used to call customers from outside and used to send them into her room for sex purpose by collecting money. On enquiry, accused No.1 admitted his guilt of running brothel house with the help of accused No.1 and the petitioner herein. He used to pay Rs.1000/- to the petitioner towards commission. In view of the same, accused Nos.1 and 2 and the petitioner herein have committed the aforesaid offences.
5. Ms. Nandita Guha, learned counsel for the petitioner, referring to the contents of the complaint and the remand report would submit that the petitioner herein was falsely implicated in the above crime and that he is no way connected with the alleged offences. The petitioner herein is the Receptionist at the said OYO Town, but inadvertently he was shown as Manager. The duties and responsibilities carried out by a Manager and a Receptionist are different. On the alleged incident, the petitioner herein as well as the Manager, named 'Sai Thaviti' working as a Manager in the said 4 KL,J Crl. P No.2855 of 2022 Hotel was arrested, but surprising, the said Sai Thaviti was released on the same night and his name was also not reflected in the FIR.
i) Learned counsel for the petitioner would further submit that when the raid was conducted, except the alleged victim in the room, no one could be found. This circumstance is enough to arrive at the conclusion that the police have implicated the petitioner in the subject crime. Further, there are no specific allegations against the petitioner herein either in the complaint or in the remand case diary. None of the offences attracts against the petitioner herein.
Accused Nos.1 and 2 did not disclose anything incriminating against the petitioner herein. In view of the same, she sought to quash the proceedings against the petitioner herein.
6. On the other hand, learned Assistant Public Prosecutor would submit that there is specific allegation against the petitioner herein and that he being the Manager of the said Hotel used to book the rooms for customers of accused No.1 to do brother activities and for that purpose, he used to get commission. The petitioner had the knowledge that accused Nos.1 and 2 are running prostitution in the rooms allotted by him. He would further submit 5 KL,J Crl. P No.2855 of 2022 that the contents of the complaint as well as the remand case diary attract the offences alleged against the petitioner herein. He would further submit that the investigation is at crime stage and the Investigating Officer has to collect some more material and, therefore, at this stage, the proceedings cannot be quashed. He has also placed reliance on the principle laid down by the High Court for the States of Telangana and Andhra Pradesh in S. Naveen Kumar v. The State of Telangana1.
7. In view of the said rival submissions, the undisputed facts are that the petitioner herein is accused No.3 in the aforesaid crime. He is working in the OYO Town House, irrespective of the fact whether as a Manager or Receptionist. Whether the petitioner is booking the rooms on the instructions of accused No.1 for doing prostitution business by taking commission is an aspect which has to be investigated by the Investigating Officer during the course of investigation. Further, it is contended by the learned counsel for the petitioner that the petitioner was working in the said Hotel as a Receptionist, but not as a Manager and that there was a Manager, named Sai Thaviti, who was arrested on the date of raid, but was 1 . 2015 (2) ALD (Crl.) 156 (AP) 6 KL,J Crl. P No.2855 of 2022 released on the same day and his name was also not shown in the FIR, but falsely implicated the petitioner herein showing him as a Manager is another aspect to be investigated by the Investigating Officer. All the said aspects cannot be decided at this stage in a petition filed under Section - 482 of the Cr.P.C. In a matter like this, scuttling the investigation at the threshold is not warranted.
8. It is also apt to refer to the provisions of Sections - 370A of the IPC and Sections - 3, 4 and 5 of the PITA, which are as under:
"370-A. Exploitation of a trafficked persons._ (1) xxxxx (2) Whoever, knowingly by or having reason to believe that a person has been trafficked, 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."
PIT ACT "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 7 KL,J Crl. P No.2855 of 2022 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 use, 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. (2A) For the purposes of sub-section (2) it shall be presumed until the contrary is proved, that any person referred to in clause (a) or clause (b) of that sub-section, is knowingly allowing the premises or any part thereof to be used as a brothel or, as the case maybe, has knowledge that the premises or any part thereof are being used as a brothel, if, -
a. a report is published in a newspaper having circulation in the area in which such person resides to the effect that the premises or any part thereof have been found to be used for prostitution as a result of a search made under this Act; or b. a copy of the list of all things found during the search referred to in clause (a) is given to such person. 8
KL,J Crl. P No.2855 of 2022 (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 any other person 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 and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years.
(2) Where any person over the age of eighteen years 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 meanings of Sub-section (1)." "5. Procuring, including or taking person for the sake of prostitution. -
(1) Any person who -
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KL,J Crl. P No.2855 of 2022 a. procures or attempts to procure a person, whether with or without his consent, for the purpose of prostitution; or b. includes a person to go from any place, with the intent that he, may for the purpose of prostitution become the inmate of or frequent, a brothel; or c. takes or attempts to take a person, or causes a person to be taken, from one place to another with a view to his carrying on or being brought up to carry on prostitution; or d. causes or induces a person to carry on prostitution; shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years:
Provided that if the person of whom an offence committed under this sub-section,-
i. is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and ii. is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years. XXXXX (3) An offence under this section shall be triable -
a. in the place from which a person is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such person is made; or 10 KL,J Crl. P No.2855 of 2022 b. in the place to which he may have gone as a result of the inducement or to which he is taken or caused to be taken or an attempt to take him is made."
"6. Detaining a person in premises where prostitution is carried on.--
(1) Any person who detains any other person, whether with or without his consent,--
(a) in any brothel, or
(b) in or upon any premises with intent that such person may have sexual intercourse with a person who is not the spouse of such person, that such person may have sexual intercourse with a person who is not the spouse of such person," shall be punishable on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
(2) Where any person is found with a child in a brothel, it shall be presumed, unless the contrary is proved, that he has committed an offence under sub-section (1).
(2A) Where a child or minor found in a brothel, is on medical examination, detected to have been sexually abused, it shall be presumed, unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes. (3) A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual intercourse with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,--
(a) withholds from her any jewellery, wearing apparel, money or other property belonging to her, or 11 KL,J Crl. P No.2855 of 2022
(b) threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person. (4) Notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the recovery of any money alleged to be payable by such woman or girl."
9. In view of the above, as far as the offence under IPC is concerned, prima facie, the contents of the complaint and the remand report attract the offence under Section - 370A (2) of IPC against the petitioner.
10. As far as the offences under PITA are concerned, as extracted above, Section - 3 of the Act deals with punishment for keeping a brothel or allowing premises to be used as a brothel, while Section- 4 of the Act deals with punishment for living on the earnings of prostitution and Section - 5 of the Act deals with procuring, inducing or taking person for the sake of prostitution and Section - 6 of PITA deals with detaining a person in premises where prostitution is carried on. In view of the same, in the case on hand, the contents of the complaint as well as the remand report 12 KL,J Crl. P No.2855 of 2022 also appear to have attracted the ingredients of the offences under Section - 3, 4, and 6 of the PITA. Therefore, this Court is of the considered opinion that the contents of the complaint and the remand report lack the ingredients of Section - 5 of the PITA.
11. In view of the above discussion, the proceedings in Crime No.1036 of 2021 of Gachibowli Police Station, Cyberabad Commissionerate, are hereby quashed against the petitioner herein
- accused No.3 for the offence under Section - 5 of the PITA only. However, the Investigating Officer may proceed against the petitioner for the remaining offences viz., Section - 370A (2) of IPC and Sections - 3, 4 and 6 of the PITA.
12. The present Criminal Petition is accordingly allowed in part to the above extent.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.
____________________ K. LAKSHMAN, J th 6 June, 2022 Mgr