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2015 Supreme(AP) 93

U.DURGA PRASAD RAO
Katamoni Nagaraju – Appellant
Versus
State of Telangana – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:S.R. Sanku, Advocate
For Respondents/Defendant: Public Prosecutor

ORDER

U. Durga Prasad Rao, J.

1. In this petition filed under Section 482 Cr.P.C. the petitioner/A.4 seeks quashment of the proceedings in FIR No. 44 of 2015 on the file of Chaitanyapuri P.S., Cyberabad. The petitioner/Accused No. 4 along with Al, A2 and A3 is accused of committing offences under Sec. 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956 (for short "the Act"). On the night of 26.01.2015, the Police of Chaitanyapuri P.S raided the Flat No. 208, Vijayasree Sai Apartment, Margadarshi Colony, behind More Super Market, Kothapet and found the said premises being used for prostitution. A.1 and A.2 were said to be the brothel house organizers, whereas A.3 and A.4 are the customers. The police registered crime and investigating the matter.

2. Learned counsel for petitioner would submit that none of the Sections 3, 4 and 5 or other sections of the Act describe a customer as offender and therefore, the prosecution of the petitioner/A.4 is abuse of process of law and hence the proceedings against him may be quashed.

3. Learned Public Prosecutor contended A.4 is a co-accused and liable for prosecution.

4. I find force in the submission of petitioner. Section 3 of the Act deals with p



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