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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Mohd. Haris @ Mo. Hareesh – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Home Lko – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard Mr. Aakil Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant application u/s 482 Cr.P.C. has been filed seeking quashing of the entire proceeding arising out of Case Crime No.0613 of 2023, under Sections 3/4/5/7 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as "Act"), P.S.-Vibhuti Khand, District Lucknow, including the charge sheet No. 01 of 2024, dated 29.04.2024, pending before Additional Chief Judicial Magistrate, Court No. 26, Lucknow.
3. The facts, giving rise to the present impugned proceeding, are that on 01.12.2023, the police conducted a search of a house that belonged to Ayush Kumar @ Arpit Kumar, on the information received from an informer that some of the persons were conducting prostitution. During the search, the applicant was found in an intimate position with co- accused lady "S" (name changed), who was allegedly involved in prostitution in a locked room. As per the police, S.H.O. had seen the present applicant and one lady "S" in an intimate position through cracks in the door. Based on this search, an F.I.R. dated 01.12.2023 was registered agains
A customer found in a brothel cannot be prosecuted under the Immoral Traffic (Prevention) Act unless involved in managing or facilitating prostitution.
Violation of Section 15(2) of the Act is irregular but not a ground for quashing the proceeding. A customer found in a brothel cannot be held liable under the Immoral Traffic (Prevention) Act.
The act of visiting a sex worker as a customer does not constitute an offence under the Immoral Traffic (Prevention) Act, according to established legal precedents.
A customer at a brothel cannot be prosecuted under the Immoral Traffic (Prevention) Act without evidence of involvement in procuring prostitution.
“Prostitution” means sexual exploitation or abuse of persons for commercial purpose, and expression “prostitute” shall be construed accordingly.”
A customer in a brothel can be prosecuted under Section 5(1)(d) of the Immoral Traffic (Prevention) Act, as they induce the act of prostitution.
The absence of evidence proving that victims were trafficked or exploited negates the applicability of Section 370(A)(2) IPC against customers.
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