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TELANGANA HIGH COURT
G. Anupama Chakravarthy, J.
Mohammad Naseem and Ors. – Petitioners
versus
State of Telangana and Ors. – Respondents
Criminal Petition Nos.5073, 5560, 5673, 5983, 5954, 6106, 6110, 6198, 6299, 6932, 6952, 6020, 6876, 6266, 6626, 6282, 6183, 6717, 7058, 7140 and 7164 of 2023
Decided on 16.8.2023
Immoral Traffic (Prevention) Act, 1956 – Sections 3, 4 and 5 – Indian Penal Code, 1860 – Section 370A – Criminal Procedure Code, 1973 – Section 482 – Prostitution – As per statements of victims recorded under Section 161 of Cr.P.C., due to poverty and other family backgrounds, victims have voluntarily joined organization of brothel house – At the stage of filing of FIRs, Police Agency could not prove that customers have knowledge and/or reason to believe that women were trafficked for the purpose of prostitution – Act, 1956 does not prohibit sale of sexual services per se – There is no specific provision under Act, 1956, that is directed towards customers – Customers may file application either for grant of anticipatory bail or for grant of bail along with a petition to quash criminal proceedings initiated against them – There was no proof of any exchange of money – In absence of any material that women are trafficked for the purpose of engaging for sexual exploitation, offence under Section 370 (A)(2) of I.P.C. will not attract against customers – Criminal proceedings quashed. (Paras 14, 17, 18, 20, 26 and 41)
Result: Criminal Petitions allowed.
ORDER (COMMON)
All the above Criminal Petitions are filed to quash the proceedings against the petitioners-accused in respective Crimes/Calendar Cases/Preliminary Register Cases (P.R.Cs)/ Sessions Cases. The details of the relevant Crimes/C.Cs/ S.Cs/P.R.Cs, offences alleged etc., are mentioned in the following tabular form:—
| Crime Cases | ||||
| Sl. No. | Criminal Petition No | Crime No | Accused Number | Offences allegedly committed |
| 1. | 5073 of 2023 | 431/2023 of Banjara Hills Police Station, Hyderabad | A3 | 370, 370 (A)(2) I.P.C. and Sections 3, 4, 5 of Immoral Traffic (Prevention) Act, 1956 (for short, ‘the Act, 1956’) |
| 2. | 6183 of 2023 | 429/2023 on the file of Raidurgam Police Station, Cyberabad | A3 | 370, 370 (A) I.P.C. and Sections 3, 4, 5 of PITA Act |
| 3. | 7164 of 2023 | 443 of 2021 on the file of Vanastha - lipuram Police Station, Rachakonda | A5 | 370 (A)(2) I.P.C. and Sections 3, 4, 5 and 7 of PITA Act |
| Calendar Case | ||||
| 4. | 6952 of 2023 | C.C.No.388 of 2023 on the file of I Additional Junior Civil Judge-cum- XII Additional Metropolitan Magi- XII Additional Metropolitan Magi- | A4 | 370, 370(A) I.P.C and Sections 3, 4 and 5 of Act, 1956 |
| Preliminary Register Cases | ||||
| 5. | 5560 of 2023 | PRC No.256 of 2022 on the file of IV Additional Metropolitan IV Additional Metropolitan | A2 | 370A I.P.C and Sections 3, 4 and 5 of Act, 1956 |
| 6. | 6106 of 2023 | P.R.C.No.4 of 2023 on the file of II Additional Junior Civil Judge-cum- II Additional Metropolitan Magistrate, Malkajgiri | A5 | 370(A)(2) I.P.C and Sections 3, 4 and 5 of Act, 1956 |
| 7. | 6110 of 2023 | P.R.C.No.18 of 2023 on the file of the II Additional Judicial First Class Magistrate at Jagtial | A2 | 370(A) (i)(ii) I.P.C and Sections 3, 4 5 and 7 of Act, 1956 |
| 8. | 6299 of 2023 | P.R.C.No.146 of 2022 on the file of the XIV Additional Metropolitan Magistrate at Prashanth Nagar, Kukatpally | A3 and A4 | 370(A)(2) I.P.C and Sections 3, 4, 5 and 6 of Act, 1956 |
| 9. | 6932 of 2023 | P.R.C.No.63 of 2023 on the file of the X Additional Metropolitan Magistrate, Ranga Reddy District Magistrate, Ranga Reddy District | A5 | 370(A)(2) I.P.C and Sections 3, 4 and 5 of Act, 1956 |
| 10. | 6876 of 2023 | P.R.C.No.52 of 2023 on the file of V Additional Junior Civil Judge- cum-V Additional Metropolitan Magistrate at L.B. Nagar, Ranga Magistrate at L.B. Nagar, Ranga | A3 | 370(A)(2) I.P.C and Sections 3, 4 and 5 of Act, 1956 |
| 11. | 6626 of 2023 | P.R.C.No.72 of 2023 on the file of the XIV Additional Metropolitan Magistrate, Kukatpally, Prashanth Nagar | A2 | 370(A)(2) I.P.C and Sections 3, 4, 5 and 6 of Act, 1956 |
| 12. | 7058 of 2023 | P.R.C.No.25 of 2023 on the file of X Additional Metropolitan Magistrate, Cyberabad, Kukatpally | A4 | 370(A)(2) I.P.C and Sections 3, 4 and 5 of Act, 1956 |
| 13. | 7140 of 2023 | P.R.C.No.127 of 2023 on the file of the III Additional Chief Metro- politan Magistrate at Hyderabad | A2 | 370, 370(A)(2) I.P.C and Sections 3, 4 and 5 of Act, 1956 |
| Sessions Cases | ||||
| 14. | 5673 of 2023 | S.C.No.90 of 2023 on the file of the Principal Assistant Sessions Judge, Ranga Reddy District | A3 | 370A I.P.C and Sections 3 (1)(2)(a),and 5 (1)(a) and 7 of Prevention of Immoral Traffic Amendment Act, 2006 |
| 15. | 5983 of 2023 | S.C.No.804 of 2019 on the file of III Additional Senior Civil Judge- cum-Assistant Sessions Judge, L.B. Nagar | A2 | 370(A)(2) I.P.C and Sections 4 and 5 of Act, 1956 |
| 16. | 5954 of 2023 | S.C.No.24 of 2023 on the file of III Additional District and Sessions judge-cum-Metropolitan Sessions Judge-cum-Additional Family Court, Medchal-Malkajgiri District | A2 | 370(A)(2) I.P.C and Sections 3, 4 and 5 of Act, 1956 |
| 17. | 6198 of 2022 | S.C.No.1762 of 2022 on the file of XXXI Additional Metropolitan Magistrate, Kukatpally, | ||
In cases where a sex worker engages in prostitution out of her free will without there being any inducement, force or coercion, it would still be a question of fact whether woman is carrying on the p....
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....
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 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.
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