The learned High Court Government Pleader accepts

notice for the respondent.

The petitioners are sought to be prosecuted for the

offences punishable under Sections 3, 4, 5, 7 of the Immoral

Traffic Prevention Act, 1956 and Section 370(3), 370-A(2) read

with Section 34 of IPC.

3.

The case of the prosecution is that, on receiving

credible information, a raid was conducted and it was

uncovered that the accused Nos.1, 2, 11 and 12 were running

the brothel, and the petitioners were apprehended when he

they visited the brothel at the time of search.

4.

Considered the submissions of the learned counsel

for the parties.

5.

The issue whether the customer can be implicated

under the provisions of the Immoral Traffic Prevention Act,

1956 was considered by the coordinate Bench of this Court in

- 3 -

Crl.P No.1757/2022, wherein it is held that the provisions of

the Act are not attracted against a customer as he neither

keeps a brothel or allows the premises to be used as brothel as

specified under Section 3 of the Act, and he does not live on

the earnings of the prostitution as specified under Section 4 of

the Act.

6.

The coordinate Bench has further held that Section

370 of IPC deals with offence punishable for buying or

disposing of any person as a slave, which is not the allegation

against the petitioners.

7.

Therefore,

the

allegations

made

against

the

Petitioners do not attract the offences alleged against him, and

the continuation of criminal proceedings will be an abuse of

process of law. Accordingly, I pass the following:

ORDER

i)

Criminal petition is allowed.

ii)

The impugned proceeding in CC No.28180/2018

pending on the file of the learned 32nd ACMM, Bangalore,

insofar as it relates to the petitioners - accused Nos.5 and 8 is

hereby quashed.

Sd/-

JUDGE

BKM