THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5846 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of Bharatiya Nyaya Sanhita, 2023 (for short “BNSS”) by the petitioner No.1/accused No.2, seeking quashment of the proceedings in SC.MU.No.699 of 2019 on the file of II Principal Senior Civil Judge-cum-Chief Judicial Magistrate at Medchal for the offences under Section 370 of the IPC and Sections 3, 4 and 5 of Prevention of Immoral Trafficking Act (for short “PITA Act”).

2. Heard learned counsel for the petitioner No.1/accused No.2, and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. Brief facts of the case are that de facto complainant alleged in running brothel house by some persons at H.No.6-313/A, 2^nd floor, Manikya Nagar, Chinthal, Jeedimetla and obtained permission from superior officials and two mediators. It is further alleged that a raid was conducted in the said premises and petitioner herein got apprehended while he was in sexual intercourse with a sex worker.

4. It is submitted by learned counsel for the petitioner that there is no mention about the petitioner/accused No.2 in the complaint and according to the prosecution, the petitioner is customer. It is submitted that from the statements of the victims, they have come to work as sex workers voluntarily and neither petitioner/accused No.2 has forced them into sexual trade nor the petitioner/accused No.2 engaged them into sex. It is further averred that organizers of the brother house collected an amount of Rs.500/- from the petitioner herein. It is further averred that no evidence collected during the investigation to show the involvement of the petitioner/accused No.2 in the above said offence and requested to quash the proceedings against the petitioner herein. Learned counsel for the petitioner also relied on the order passed by this Court dated 16.08.2023 in Criminal Petition No.5073 of 2023 and batch wherein proceedings against the accused were quashed and therefore basing on the said order requested to quash proceedings against the petitioner herein.

5. In view of the submissions made by learned counsel for the petitioner and on perusal of the record, it reveals that petitioner herein being a customer to the said brothel house and an amount of Rs.500/- was charged from the petitioner and except that no other allegation was leveled by the victims in the complaint and on going through the order passed by this Court in Criminal Petition No.5073 of 2023 and batch, this Court deems it appropriate to quash proceedings against the petitioner herein.

6. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner No.1/accused in SC.MU.No.699 of 2019 on the file of II Principal Senior Civil Judge-cum-Chief Judicial Magistrate at Medchal are hereby quashed.

Miscellaneous applications, pending, if any, shall stand closed.

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K.SURENDER, J Date:30.04.2025 Bw

3697 THE HON’BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5846 OF 2025 Dt. 30.04.2025 Bw