THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4956 OF 2025

O R D E R:

This Criminal Petition is filed by the petitioner/accused No.4, seeking to quash proceedings in S.C.No.317 of 2024, on the file of the learned Senior Civil Judge-cum-Chief Judicial Magistrate, Medhcal-Malkajgiri District.

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. The petitioner herein is arrayed as A-4 in the charge sheet filed by the Police for the offences under Sections 370A of IPC and Sections 3, 4, and 5 of Immoral Traffic (Prevention) Act, 1956, (for short ‘the Act’). According to the case of the prosecution, on 20.05.2021 at about 14:00 hours, upon receiving information that brothel house is being run in KPHB Colony, Sub-Inspector of Police, along with his staff, went to the place and found that A1 and A2 were involved in prostitution. A-3 and A4 were the persons, who were found at the scene with a woman. The only allegation against this petitioner is that he was found in the premises with a woman.

4. Section 370 of IPC reads as under:

“(1)Whoever, for the purpose of exploitation, (a)

recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by--First.— 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.

5. Section 370(A) of IPC reads as under:-

“1. Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.

฀2. Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished With rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.”

6. Perusal of the above Sections reveal that none of the ingredients of said Sections are attracted against this petitioner.

7. Sections 3, 4 and 5 of the Act reads as under:-

“3. Punishment for keeping a brothel or allowing premises to be used as a brothel.

(1)Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees.

(2)Any person who-

(a)being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to sue, such premises or any part thereof as a brothel, or (b)being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel.Shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine.

(3)Notwithstanding anything