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IN THE HIGH COURT OF TELANGANA
N.TUKARAMJI
Kumpati Charan alias Chintu – Appellant
Versus
State of Telangana – Respondent
ORDER :
N. TUKARAMJI, J.
This criminal petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNSS ’) seeking quashment of proceedings in Sessions Case No.233 of 2024 on the file of the II Additional District and Sessions Judge, at Kushaiguda, Medchal Malkajgiri District.
2. The petitioner is accused No.3 charged for the offences under Section 3 70 (A)(2) of INDIAN PENAL CODE ,1860 (for short, ‘IPC’) and Sections 3 , 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, ‘PITA’).
3. I have heard Ms.Saggala Srivani, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent -State.
4. Briefly stated the prosecution case is that on 07.02.2023 the police on credible information of organizing brothel house surprised the Plot No.62, Sri Sai Krishna Nagar Colony, near KCR Nagar, Ramanthapur and found the petitioner along with a woman/victim. Upon the due proceedings the complaint was lodged and a case in Crime No.162 of 2023 has been registered.
5. Learned counsel for the petitioner would submit that as per the complaint and even in the charge sheet the petitioner is project
A customer in a trafficking case cannot be charged under the Immoral Traffic (Prevention) Act unless involvement in managing prostitution is established.
A customer may still be liable for prosecution under trafficking laws if found in situational exploitation, regardless of previous rulings on knowledge or consent.
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.
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