HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION NO.5697 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 Sessions Case No.445 of 2022 on the file of the Senior Civil Judge-cum-Assistant Sessions Judge Court, Ranga Reddy District at Kukatpally.

2. The petitioner is accused No.2 charged for the offences under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, ‘PITA’).

3. I have heard Mr.M.Suman, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

4. Briefly stated the prosecution case is that on 20.02.2021 the police on credible information of organizing brothel house surprised the Studio 11, H.No.1-96/8/13, Techno Polosis Building, 1^st Floor, Arunodaya Colony, Madhapur and found the petitioner along with a woman/victim. Upon due proceedings complaint was lodged and a case in Crime No.185 of 2021 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 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. Thus prosecution under Sections 3, 4 and 5 of the PITA is unsustainable, as such prayed for intervention and to quash the proceedings against the petitioner.

6. Learned Additional Public Prosecutor submits that the petitioner is customer and the trial Court has taken cognizance for the offences under Sections 3, 4 and 5 of the PITA.

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.2 is found along with the victim in a room at a place arranged by the organizer/other accused and as customer, however the prosecution presented the petitioner for the offences under Sections 3, 4 and 5 of PITA and the Court has taken cognizance accordingly.

9. For better appreciation, Sections 3, 4 and 5 of the PITA are extracted hereunder:

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 been leased out or are held or occupied at the time of the commission of the offence, s