ORDER :

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1972 seeking to quash the proceedings against the petitioner in C.C.No.89 of 2019 on the file of the Court of V Additional Junior Civil Judge-cum-Metropolitan Magistrate, Visakhapatnam.

2. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor representing the respondent.

3. The petitioner is Accused No.2 in Crime No.89 of 2019 on the file of Arilova Police Station. After completion of investigation, a charge sheet was filed against him along with other accused for the offences punishable under Sections 3(1), 3(2), 4 and 5 of Immoral Traffic (Prevention) Act, 1956 (ITP Act) alleging that when the Police raided a brothel house, the petitioner was present there as a customer and he visited the said premises to have sexual intercourse with a prostitute on payment of cash.

4. The learned counsel for the petitioner inter alia submits that prosecution for the offences under Sections 3(1), 3(2), 4 and 5 of ITP Act is not maintainable against a person, who visits the brothel house only as a customer. He further submits that the legal position as to whether a custom