Allowed

Srikanth Narayan Dhanorkar v. The State of Telangana

Telangana HC11 Feb 2025CRLP/1863/2025

Case brief

AI extract

What is this about?

Petitioners, accused as hotel customers in a prostitution raid case, sought quashing of proceedings against them under trafficking provisions of the IPC and the Immoral Traffic (Prevention) Act. Court found no allegations of brothel-keeping, living on earnings, procuring or detaining, and no material showing knowledge of trafficking, and quashed proceedings.

What did the court decide?

Proceedings against petitioners/Accused Nos.4 and 5 in S.C.No.64 of 2025 quashed; pending miscellaneous applications closed.

Srikanth Narayan Dhanorkar Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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r!FrEs-{^:: r:

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132571

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

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CRIMINAL PETITION NO: 1863 0F 2025

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Between:

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1 P1lqlth^{Nqayan.Dhanorkar, S/ o. Narayan,Age.48 years, Occ. Software} Emptoyee,^{H/o. Ftat No 405,.Buitdingflo,3,} ved Vihai, Near Ved Bhawin, Chandani Chowk, Kothrud, Maharastra- Statel +l f-OOi .' ...petitioner / Accused No.S

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1. Jithender Kachwaha, S/o .^S!q1!q1tal Kachwaha. Age. 35 years, Occ. Finance

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Business, R/o. H.No 8-3-8411N1, Near Ameerpet Marker, Ameerpet. Hyderabad- 5O0 0'16

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...Petitioner / Accused No.4

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AND

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The state of reranoana .{en lv^its_puoric prosecutor, High court Buirdings, Hyderabad, Througi s. H.o.', pls.^-cainioo*li cvu"iroro.

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...Respondent No.1

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The State Police, Sub lnspector of police, p.S. Gachobowli, Cyberabad.

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...Respondent No.2 / De-facto Complainant

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Petition under Section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to quash sc No.64 of 2a2s on the fire of rearned Vr Additional sessions Judge, Ranga Reddy District at Kukatpa[y in respect of the petitioners/ Accused No.4 and 5.

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l.A. NO: 1OF 2025

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Petition unde' Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be. pleased to stay all further proceedings against Petitioners/ Accused Nos. 4 and 5 in SC No.64 of 2025 on the file of learned Vl Additional Sessions Judge, Ranga Reddy Distr ct at Kukatpally pendang disposal of the above crimiiral petition.

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This Petition coming on for hearing, upon perusing the lt/lemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ramaa Swetha Ogirala, Advocate for the Petitioner and the Additional Public Prosecutor (TG/AP) on behalf of the Respondent No 1.

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The Court made the following Order:-

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THE HONOURABLE^{SMT. JUSTICE JUWADISRIDEVI}

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CRIMIN AL PETITION^{No.1863 ot 2025}

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ORDER

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This Criminal Petition is filed by the^{petitioners-accusedNos.4} and 5 to^quash the^{proceedings againstthem iri S.C.No.64 of 2025} pending on the file of the learndd Vl Additional Sessions^{Judge, Ranga} Reddy District at Kukatpally. The^{offences alleged againstthe} petitioners are under Sections 370, 370(4)(2) of the^{lndian Penal Code} (for short^'lPC'), 3, 4, 5 and 6 of the lmmoral Traffic^{(Prevention)Act,} 1956 (for short^'the Act').

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Heard Smt. Ramaa Swetha^{Ogirala, learned counsel for} petitioners-accused Nos.4 and 5 and Sri Jithender^{Rao Veeramalla,} learned Additional Public Prosecutor^{for the State and perused the} record.

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ln brief, the case of the^{prosecution is that the Police,} Gachibowli Police Station received credible^{information about running} prostitution at Empire Hotel and raided the said Hotel and^{found that} petitioners/accused Nos.4 and 5 along with other accused were^present in the Hotel and petitioners-accused Nos.4 and 5^{are the customer of} the said Hotel.

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Learned counsel for petitioners submitted that the woman who were found with petitioners-accused Nos.4 and 5 is not a trafficked woman and petitioners are nothing to do with the areged offences. The ingredients of the offences under Sections 370, 370(AX2) of lPC, 3, 4, 5 and 6 of the Act does not attract to the present case on hand Thereby, he prayed to quash the criminal proceedings against the petrtioners

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Learned Additional public prosecutor for the State submitted that there are specific ailegations against the petitioners and the truth or otherwise wourd come out onry after conducting fuil-fredged trial by the concerned court berow and prayed to dismiss this criminar Petition

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ln view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 370 of lpC:

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"370. Trafficking of a person: (1)Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by_

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Firstlv- using threats, or

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Second/ using force, or any other form of coercion, or

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Thirdlv- by abduction, or Fourthl by practising fraud, or decepfion, or Fifthlv* by abuse of power, or

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Sixthl by inducement, including the^givingor receiving of^payments or benefits,^{in order} to^achieve the consent of any^person having control ovef^the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.

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Explanation 1- The ex^{pression "exploitation" shall} include any act of^physical exploitation or^{any formof} sexual exploitation, slavery or^practices similar^to slavery, servitude, or the forced removal of organs. Explanation 2- The consent of the victim is immaterial in determination of the offence of trafficking.

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(QWhoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven^years, but which^may extend to ten^years, and shall also be liable^{to fine.}

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plWhere the offence involves the trafficking of more than one^person, it shall be^{punishablewith rigorous} imprisonment for a term which shall not be less^{than ten} years but which may extend to imprisonment for life, and shall also be liable to fine.

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(!)\Nhere the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten^years, but^which may extend to imprisonment for life, and shall also^be liable to fine.

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(Elwhere the offence involves the trafficking of more than one minor, it shall be^punishable with^rigorous imprisonment for a term which shall^not be^lessthan fourteen years, but which may^{extend to imprisonment} for life, and shall also be liable to^fine.

r/6) lf a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person,s natural life, and shall also be liable to fine.

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(!)\Nhen a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with impnsonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.,,

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Section 370(4) of lpC reads as under

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Exploitation of a trafficked person

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f!/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.

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@lWhoever, 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 flne.

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08 As per Sections 370 and 370( ) (2) of lpC, any person by using threat or force or any form of coercion or abduction by

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practicing fraud or deception or by abusing of power or by inducing can only be termed as a^'trafficked person'

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Now coming to Sections 3, 4, 5 and 6 of the Act, the provisions in detail are extracted below:

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Punishment for keeping a brothel or allowing remises to be used as a rothel.

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(llAny 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 year,s and not more than five years and also with fine which may extend to two thousand rupees.

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(llAny person who-

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(g,lbeing 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

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(Slbeing 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

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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. @)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, shall become void and inoperative with effect from the date of the said conviction.

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Punishment for livinohment for livinoent for livinofor livinolivino

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Punishment for livinohment for livinoent for livinofor livinolivino on the earninosof Drostitution.

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(ll,Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of a woman or girl shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both

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(!)\Nhere any person is proved-

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(g,,lto be living with, or to be habitually in the company of, a prostitute; or

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(&,lto have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or

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Gilto be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is

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proved, that such^person is knowingly living on the earnings of^prostitution of another^{personwithin the} meaning of sub-section^(1):Provided that no such presumption shall be drawn in the case of a son or daughter of a prostitute, if the son or daughter is below the age of eighteen years.

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Procurinq, inducins or takinq woman or^qirl for the sake of rostitution.

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(llAny person who-

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/a)procures or attempts to^procure a^{womanor girl,} whether with or without her consent, for the^purpose of prostitution; or

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(Olinduces a woman or girl to go from any place, with the inient that she may for the^purpose of^prostitution become the inmate of, or frequent, a brothel; or

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(g,ltakes or attempts to take a woman or girl, or causes a woman or girl to be taken, from one^place to another with a view to her carrying on, or being brought up to carry on prostitution; or

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@[causes^{or inducesa womanor girl to carry on} prostitution; shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than two years and also with fine which may extend to two thousand rupees.

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(!)ln the event of a second or subsequent conviction of an offence under this section a person shall be punishable with rigorous imprisonment for a term of not less than tvvo years and not more than five^years and also with fine which may extend to two thousand rLipees.

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/3)An offence under this section shall be triable_

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(4,lin the place from which a woman or girl is procured, induced to go, taken or caused to be taken or from whrch an attempt to procure or take such woman or girl is made, or

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ft,lin^{the place} to which she may have gone as a result of the inducement or to which she is taken or caused to be taken or an attempt to take her is made.

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6.Detainin ct a woman oroirl in premises where prostitution is carried on-

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flAny^person who detains any woman or girl, whether with or without her consent,-

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(a)in any brothel, or

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(b)in or upon any premises with intent that she may have sexual intercourse with any man other than her lawful husband, shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than two years and also with fine which may extend to two thousand rupees.

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(!)On a second or subsequent conviction for an offence under this section a person shall be punishable 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.

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(QA person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual inter-course with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,-

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(e,lwithholds from her any jewellery, wearing apparel, money or other property belonging to her, or

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(!,lthreatens her with legal proceedings if she-takes away with her any^jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person.

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@Notwithstanding^{any law to the contrary,no suit,} prosecution or other legdl proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the iecovery of any money alleged to be payable by such woman or girl.

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The Sections 3, 4, 5 and 6 of the Act deals with regard to punishment for keeping a brothel or allowing premises to be used as a brothel, punishment for living on the earnings of prostitution; punishment for procuring, inducing or taking woman or girl for the sake of prostitution; punishment for detaining a woman or girl in. premises where prostitution is carried on. There are no allegations against the petitioners that they are running brothel, or they are living on the earnings of prostitution, or they procured girl for doing prostitution, or they detained the victim in the premises where prostitution is carried on. ln the present case on hand, as per the case of prosecution, the sole allegation against^{petitioners-accused} Nos.4 and 5 are that they are the

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customers. Therefore, the allegation against the petitioners does not constitute the offences under Sections 3, 4, 5 and 6 of the Act.

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As seen from the entire case record, the police could not putforth any materiar to substantiate that petitioners had knowledge and/or the reason to believe that the woman was trafficked for the purpose of prostitution. Therefore, the ingredients required for constituting the offences under Sections 370, 370(4)(2) of lpC are not made out against the petitioners.

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ln view of the above discussion and having considered the fact that the petitioners-accused Nos.4 and 5 had no knowledge that the woman was trafficked for the purpose of prostitution, this court is of the considered view that the continuation of the proceedings against the petitioners-accused Nos.4 and 5 amounts to abuse of process of raw, therefore, the proceedings against the petitioners-accused Nos.4 and 5 are liable to be quashed

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Accordingly, this Criminal petition is allowed and the proceedings against the petitioners-accused Nos.4 and 5 in s.c.No.64 of 2025 pending on the fire of the rearned Vr Additionar sessions Judge, Ranga Reddy District at Kukatpally, are hereby quashed.

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As a sequel, pending miscellaneous applications, if any, shall

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stand closed

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sd/- MoHD. I MAIL ASSISTANT REG TRAR /ffRUE COPY'

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SECTION OFFICER

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To,

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The X Additional Metropolitan Magistrate, Kukatpalty, T. prashanth Nagar, Cyberabad Commissionerate.

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The Vl Additional Sessions Judge, Rangareddy District at Kukatpally.

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The Station House Officer, Gachibowli P.S., Cyberabad Commissionerate

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Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT].

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One CC to Sri Ramaa Swetha Ogirala, Advocate IOPUCI

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Two CD Copies

HIGH COURT

DATED:1110212025

ORDER

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CRLP.No.1863 of 2025

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ALLOWING THE CRLP

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EJq, K-

Srikanth Narayan Dhanorkar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Srikanth Narayan Dhanorkar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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