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2016 Supreme(AP) 11

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. SIVA SANKARA RAO, J.
Sahil Patel & Others - Petitioners
Versus
The State of A.P. Rep. by its Public Prosecutor – Respondents
Criminal Petition Nos. 2572, 2853, 3955, 4983 & 10094 of 2014
Decided On : 05-01-2016

Advocates:
Advocate Appeared:
For the Petitioners:Bethi Venkateshwarlu, Advocate.
For the Respondent: Public Prosecutor.

IMPORTANT POINT
Merely because Sections 370 and 370-A IPC not mentioned in police final reports or cognizance orders that is not by itself a ground to quash case proceedings.

Headnote:Immoral Trafficking (Prevention) Act, 1956—Sections 3, 4 and 5—Criminal Procedure Code, 1973—Section 482—Prostitution—Seizure of objectionable articles from brothel house—Sections 3 and 4 of the ITP Act no way applicable so far as customers concerned—If any of them indulge in sexual enjoyment with sex worker respectively and for any of them keeping or allowing premises as brothel house or habitually found in company of sex workers or living on that earnings or detaining any person to carry prostitution or such premises within notified and prohibited area it attracts any of Sections 3 to 11 of ITP Act besides sections 370 and 370-A of I.P.C.—Merely because Sections 370 and 370-A IPC not mentioned in police final reports or cognizance orders that is not by itself a ground to quash case proceedings—Criminal Petitions dismissed.

       Result—Criminal Petitions dismissed.

       

Common Order:

Crl.P.No.2572 of 2014:

1. The petitioners who are accused Nos.3 and 4 out of 6 accused in C.C.No.95 of 2014 on the file of the Spl. Judl. Magistrate of First Class for Excise Cases at Erramanzil, Hyderabad outcome of Cr.No.1032 of 2013 of Panjagutta, Hyderabad, for the offences punishable under Sections 3, 4 and 5 of the Immoral Trafficking (Prevention) Act, 1956 (for short ‘ITP Act’) registered on the complaint of Y.Prakash Reddy, Inspector of Police, Commissioner’s Task Force, West Zone Team, Hyderabad-complainant herein; filed this petition under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.95 of 2014.

2. The factual back ground in the nutshell is that, on 05.12.2013 at 18.00 hours the complainant Y.Prakash Reddy, Inspector of Police, on receiving credible information that two persons are running brothel house in the premises No. Flat No.B-1, My Sweet Homes Apartments, Prem Nagar, Panjagutta, Hyderabad, obtained search proceeding from his superior officers, secured two mediators by names 1. Prakash Jadav and 2) Sri Ramu and appraised them about the running of brothel house and along with his staff and panchas by names Haseena of Panjagutta P.S.(WPC 4302), M.Venkateshwar Goud and D.Jalender Reddy(Two sub Inspectors), J.V.Laxman Rao (HC 2653) and Tony Martin(PC 7982) and M.Venkatesh (PC 4394) of West Zone Task Force Team proceeded to the above premises, where he deputed one Sri Md.Sarwar Pasha (PC 2833) as a decoy by giving him Rs.2500/- with proper instructions to give signals after verifying the antecedents in the premises, and on giving signals by the decoy PC, he along with staff, mediators and WPC raided the above said premises and apprehended two persons, on enquiry, they revealed their names as 1) K.Sridhar(A.1) and P.Murali(A.2) and four customers Sahil Patel(A.3), M.Shravan Kumar(A.4), K.Pavan Kumar(A.5) and Ramesh Solanki(A.6) and two female sex workers namely Kamal Takur and Sunitha Kaitha and then he recorded the confessional statement of the organizer K.Sridhar(A.1), in which he voluntarily confessed that he is native of Vijayawada, Krishna District and came to Hyderabad about 6 years back for livelihood and came in contact with one P.Murali(A.2) 3 years back at Public Garden, Nampally, Hyderabad and due to unemployment and financial problems, they hatched a plan to organize brothel house and in that process, the above premises on rent for Rs.15,000/- p.m. about 3 months back and K.Sridhar(A.1) procured sex workers from various states to the premises and P.Murali(A.2) is organizing the brothel house and collecting money from the customers of Rs.2,500/- to 3,000/- from each, also seized net cash Rs.10,000/-, 25 condoms of Moods company and one cell phone from the possession of K.Sridhar(A.1), Rs.3,000/- from the possession of P.Murali(A.2), also seized three cell phones, Rs.3,200/- and 6 condoms of Moods company from the customers and two cell phones from the sex workers in the presence of panchas and took into custody all of them. On receipt of the said report, L.W.13 K.Ranga Subbaiah, Sub Inspector of Police, registered a case in the above crime for the offences supra and during the course of investigation, the L.W.14 N.Tirupatirao, has examined L.Ws.1 to 10 in detail and recorded their statements in which they corroborated with each other with the facts of the FIR later on admission of the commission of offences supra by the accused, arrested them. After completion of investigation, L.W.15 Inspector of Police, Panjagutta, Hyderabad filed chargesheet.

Crl.P.No.2853 of 2014:

3.The petitioners who are accused Nos.4 and 5 out of 5 accused in Cr.No.22 of 2014 of Bowenpally Police Station, Hyderabad registered on 26/27.01.2014 at 0.30 hours by L.W.8 Thimmappa, Sub Inspector of Police for the offences punishable under Sections 3,4 and 5 of the Immoral Trafficking (Prevention) Act, 1956 (for short ‘ITP Act’) on the report with enclosed panchanama as basis for it conducted by R.B.Rangaiah, Ins





















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