HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION NO.3692 of 2025

ORDER:

This criminal petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking quashment of proceedings in Crime No.286 of 2025 of Madhapur Police Station, Cyberabad Commissionerate.

2. The petitioner is accused No.3 charged for the offences under Sections 143, 144 of Bharatiya Nyaya Sanhita, 2023 (BNS,2023) and Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956 (for short, ‘PITA’).

3. I have heard Mr. P. Ravi, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents -State.

4. Briefly stated the prosecution case is that on 22.02.2025 the police on credible information of organizing brothel house surprised the Plot No.120, Thirumala Mansion Apartment, Kavuri Hills, Madhapur and found the petitioner along with a woman. Upon the due proceedings the complaint was lodged and a case in Crime No.286 of 2025 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 projected as only customer. The record of prosecution is not disclosing that the petitioner has knowledge of trafficking or his involvement in any manner in organizing the prostitution. A coordinate bench of this Court had considered the similar allegations in Criminal Petition Nos.1647 of 2025 and 1639 of 2025 and concluded that the allegations would not make out a case against the customer under any of the arraigned sections. Thus prayed for intervention and to quash the proceedings against the petitioner.

6. Learned Additional Public Prosecutor submits that the fact of the petitioner being customer is not in dispute. He further fairly submitted that a coordinate bench of this Court has considered similar issue and favourably concluded that the charges cannot be sustained against the customers.

7. I have carefully perused the materials on record and the submissions of the learned counsel.

8. The prosecution allegation against the petitioner ex facie is that the petitioner/accused No. 3 is found along with the victim in a room at a place arranged by the organizer/other accused and as customer availing service by paying certain amount.

9. This factual position needs examination within the meaning of Section 370 of I.P.C./143 of BNS,2023, which is defining trafficking of a person. For better appreciation, Section 370 of I.P.C. is extracted hereunder:

370. Trafficking of person.—(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by—

Firstly. — using threats, or Secondly. — using force, or any other form of coercion, or Thirdly. — by abduction, or Fourthly. — by practising fraud, or deception, or Fifthly. — by abuse of power, or Sixthly. — by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.

Explanation 1.—The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.

Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking.

(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

(4) Where the offence involves the trafficking of a minor, it shall