ORDER:

This criminal petition has been filed under Section 5 28 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNSS ’) seeking quashment of proceedings in Sessions Case No.97 of 2023 on the file of the Assistant Sessions Judge’s Court at Godavarikhani, Peddapalli District against the petitioner/accused No.5.

2. The petitioner is accused No.5 charged for the offences under Sections 294 (b) 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 Mr.K.Venumdhav, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent-State.

4. Briefly stated the prosecution case is that on 14.05.2019 the police on credible information of organizing brothel house surprised the H.No.20-2-280/2, Gandhinagar, Godhavarikhani,

and found five male and five female individuals in separate

partition rooms engaged in sexual intercourse.

5. Learned counsel for the petitioner would submit that as per the complaint and even in the charge sheet, the petitioner is customer. The record of prosecution is not disclosing that the petitioner has kno