2019 Supreme(Telangana) 144
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
B. SIVA SANKARA RAO, J.
D. Ramu - Petitioner
Versus
The State of Telangana & Another - Respondents
Criminal Petition No. 12656 of 2018
Decided On : 05-02-2019
For the Petitioner:Nomula Srinivas, Advocate
Headnote:
Criminal Procedure Code, 1973 - Section 482 - Penal Code, 1860 - Sections 370 and 370-A - Sub-section 1 relates to minor, sub-section 2, speaks whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished - Accused once allegedly found in room by locking from inside with lady in nude, it clearly shows that victim trafficked engaged by him for some sexual exploitation - It may not be contended prima facie to Section 370-A has no application and none of decisions are valid in this regard - Crime is at nasal stage and police have to investigate and it is from investigation material, if at all what provisions that are applied, leave about, they can add any other appropriate sections of law or delete any among those - Held that it is not proper to quash FIR proceedings from prima facie accusation.
Facts of the case:
Petitioner is A-3 among three accused for alleged occurrence and registered for offences punishable under Sections 370 & 370-A of Indian Penal Code and Sections 3, 4 & 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, 'ITP Act'). Petition seeking quashing of proceedings
Findings of the court:
It may not be contended prima facie to Section 370-A has no application and none of decisions are valid in this regard. Crime is at nasal stage and police have to investigate and it is from investigation material, if at all what provisions that are applied, leave about, they can add any other appropriate sections of law or delete any among those. Held that it is not proper to quash FIR proceedings from prima facie accusation.
1. The petitioner is A-3 among three accused in Crime No.258 of 2018 of Bowenpally Police Station, Hyderabad, dated 02.08.2018, for alleged occurrence at Flat No.G-4, Mehara Dweepam, RR Nagar, Road No.6, Old Bowenpally, Secunderabad, at about 23.00 hours before midnight of 01.08.2018, registered for the offences punishable under Sections 370 & 370-A of Indian Penal Code (for short, ‘IPC’) and Sections 3, 4 & 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, ‘ITP Act’).
2. The report of Mr. S. Sudheer Kumar, Detective Inspector of Police, Bowenpally Police Station, Secunderabad, along with enclosures covered by Search proceedings, confession-cum-seizure Panchanama of accused persons and seized property as per Panchanama, addressed to the Station House Officer, Bowenpally Police Station, in registration of the crime at 1.30 hours i.e., immediately after 01/02.08.2018 midnight, reads that few hours before, though mentioned as 01.07.2018 instead of 01.08.2018, night at about 10.00 p.m., he along with staff present at Bowenpally Police Station, received some credible information of one lady by name Podicheti Kavitha is organising a brothel house at Flat No.G-4, H.No.7-35/2, Mehara Dweepam, RR Nagar, Road No.6, Old Bowenpally, Secunderabad, and believing the information as authentic, immediately he appraised the same to his superior officers and on their oral instructions to conduct raid in said premises summoned two mediators S.Ram Kishan Rao and P.Srinivas and explained them about the information received and requested them to act as mediators for conducting raid and from their agreed to accompany, they proceeded and he drafted the search proceedings in the presence of the mediators at 22.30 hours and as any delay in obtaining a search warrant from the Court may cause disappearance of accused as well as material evidence. He with the panchas and along with Sub-Inspector of Police- E.Raghuveer Reddy, Constable-M.V. Ramana Murthy, Constable- J.Praveen Kumar, Constable-M. Ramesh and Woman Constable-Kumari Maheshwari, reached the Flat No.G-4 supra and on knocking the door, one lady opened the door. He revealed his identity and purpose of visit to conduct raid and on enquiry, she revealed her name as said Podicheti Kavitha, organiser of brothel house, resident of Gungal Village, Yacharam Mandal, Ranga Reddy District, and tenant of this portion (G-4, Mehara Dweepam supra) and when served copy of the search proceedings on her and obtained her acknowledgement and on observation, the flat is in the premises of ground floor and the flat consisting of a hall, two bed rooms, kitchen, bathroom/washroom and two bed rooms are found closed from inside and on knocking two bedroom doors, two ladies and two male persons opened the doors of each room and the ladies are found in obscene gesture and on enquiry, one of the lady, who is with gent, revealed her name as Shaik Faker Bee and stated her profession as Prostitution worker, resident of Pilli Darga, Site-3, Borabanda, and native of Bhanu Gudi, Kakinada, and the male person revealed his name as Joseph Vijay Chander of Sancharapuri Colony of New Bowenpally, Secunderabad, and another lady, who came from another bed room revealed her name as Smt. Mallikadas, W/o. Banti Das, resident of Part No.148, Jessore Road, Near Catholic Church Chayghoriya, West Bengal State, and the male person revealed his name as D.Ramu, S/o.D.Narayana, resident of Quarter No.3/L, KVS Airforce Station, Begumpet, and brought all of them into the hall at about 23.10 hours (11.10 p.m.) in the night and recorded the disclosure statement-cum-seizure Panchanama of accused persons and seized Rs.2,000/- 5 unused condom packets and one cell phone from the accused Kavitha, one cell phone also from Joseph Vijay Chander and also seized one cell phone from Ramu in the presence of panchas and affixed signed panch chits on it and also rescued two victims supra, who stated engaged by the organizers for sexual exploitation