ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’), seeking to quash the proceedings against the petitioner-accused No.6 in P.R.C.No.9 of 2025 on the file of X Additional Metropolitan Magistrate, Kukatpally, Ranga Reddy District, pertaining to Crime No.1126 of 2023 of P.S. Madhapur. The offence alleged against the petitioner-accused No.6 is under Section 4 of the Immoral Traffic (Prevention) Act, 1956 (for short ‘Act’).

2. Heard Sri A.Bhuvana Sunder Reddy, learned counsel for petitioner and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

3. The case of the prosecution, in brief, is that, on receiving credible information about running of a brothel house, the Police, Madhapur, raided the premises i.e., Flat No.G2, 1^st Floor, Plot Nos.3 and 4, SR Cyber Avenue Apartments, Chandanayak Tanda, Madhapur, Serilingampally, Ranga Reddy District and found petitioner-accused No.6 in the capacity of ‘customer’. Basing on the said complaint, a case in Crime No.1126 of 2023 was registered against the accused and after completion of investigation, charge sheet was filed, cognizance was taken and the case was numbered as P.R.C.No.9 of 2025.

4. Learned counsel for the petitioner would submit that though the petitioner is innocent, he has been falsely implicated in the subject crime. Since the petitioner was found at the premises in the capacity of ‘customer’, the offence alleged against him is not at all attracted.

Hence, he prayed to quash the proceedings against the petitioner.

5. On the other hand, learned Assistant Public Prosecutor submitted that there are specific allegations against the petitioner and the truth or otherwise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the Sessions Court, and hence, he prayed to dismiss the criminal petition. 6. For the sake of convenience, Section 4 of the Act, is extracted hereunder:

“4. Punishment for living on the earnings of prostitution.

(1)Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of a woman or girl shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

(2)Where any person is proved-

(a)to be living with, or to be habitually in the company of, a prostitute; or (b)to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution;

or (c)to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1):Provided that no such presumption shall be drawn in the case of a son or daughter of a prostitute, if the son or daughter is below the age of eighteen years.”

7. Section 4 of the Act prescribes punishment for living on the earnings of the prostitution. In the instant case, on a perusal of the material on record, it is evident that there are no specific allegations against the petitioner that he is living on the earnings of prostitution and to prove the same, no material is produced by the prosecution. The only allegation against the petitioner is that he was found at the premises in the capacity of ‘customer’, hence, the proceedings against the petitioner for the offence under Section 4 of the Act, are liable to be quashed.

8. In view of the aforesaid discussion, the proceedings against the petitioner-accused No.6 in P.R.C.No.9 of 2025 on the file of X Additional Metropolitan Magistrate, Kukatpally, Ranga Reddy District, are hereby quashed.

9. Accordingly, this Criminal Petition is allowed.

Pending miscellaneous applications, if any, shall stand closed.

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JUVV