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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.SURESH REDDY, T MALLIKARJUNA RAO
Vasanthavada Raghubabu – Appellant
Versus
State Of A.P. Represented By Its Public Prosecutor – Respondent
ORDER :
K. Suresh Reddy, J.
These matters came up before us on a reference made by the learned Single Judge of this Court, who, while considering multitude Criminal Petitions filed under Section 482 of the Code of Criminal Procedure, 1973 [present Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023], by different petitioners in different crime numbers, vide CRLP Nos.8765 of 2022, 1190 of 2023 & 1959 of 2023, framed the following issue deemed to be of significance so as to render an authoritative verdict and directed that the same be placed before the Hon’ble the Chief Justice for an assignment to an appropriate Division Bench, for an authoritative pronouncement and to attain the finality. Pursuant thereto, Criminal Petition Nos.3680 & 2502 of 2022, 583, 1267, 4501, 5957, 6681, 6814, 6883 & 8366 of 2023, 32, 1417, 2590 & 4041 of 2024 and 878 of 2025 were also placed before the Hon’ble the Chief Justice on the same Reference. In pursuance thereof, the Hon’ble the Chief Justice has been pleased to constitute this Bench to consider and adjudicate upon the question so referred in Para 17 of said Common Order, dated: 19-04-2023 in CRLP Nos.8765 of 2022, 1190 of 2023, 1806 of 2023 &
The absence of evidence proving that victims were trafficked or exploited negates the applicability of Section 370(A)(2) IPC against customers.
Customers cannot be prosecuted under the Immoral Traffic (Prevention) Act without evidence of trafficking, but may be liable under Section 370(A)(2) IPC if they had reason to believe victims were tra....
Customers cannot be prosecuted under trafficking laws without evidence of knowledge regarding the exploitation of individuals involved.
Sexual exploitation – In absence of any evidence likely to come on record, securing conviction against accused is impossible and case can be quashed.
“Prostitution” means sexual exploitation or abuse of persons for commercial purpose, and expression “prostitute” shall be construed accordingly.”
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