THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3955 OF 2025

O R D E R:

This Criminal Petition is filed by the petitioner/accused No.4, seeking to quash proceedings in Crime No.374 of 2024, on the file of the Police Station, Madhapur.

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 370, 370(A)(2) 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 26.03.2024 at about 02:00 hours, upon receiving information that prostitution is going on in Flat No.102, First floor of west front Shakya Apartment, Road No.1, Kaktiya (Kavuri Hills), madhapur, Serlingampally, Hyderabad, Superior Officer, along with his staff, went to the place and found that some accused persons were involved in prostitution and accused No.4 was found at the scene. The only allegation against this petitioner is that he was found in the premises.

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) (2) of IPC reads as under:-

“Whoever, knowingly by or having reason to believe that a person has been trafficked ¹, 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 contained in any other law for the time being in force, on conviction of any person referred to in clause (a) or clause (b) of sub-section (2) of any offence under that sub-section in respect of any premises or any part thereof, any lease or agreement under which such premises have