Allowed

Sri. Borra Yogesh v. The State of Telangana

Telangana HC20 Feb 2025CRLP/2480/2025

Case brief

AI extract

What is this about?

A customer accused in a brothel raid sought quashing of proceedings under Section 370(A) IPC and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act. The court found no material showing he knew the woman was trafficked and no allegations of running a brothel or living on prostitution earnings.

What did the court decide?

Proceedings against petitioner-accused No.3 in P.R.C. No.55 of 2015 before the XII Additional Judicial Metropolitan Magistrate, Medchal-Malkajgiri at Kukatpally quashed.

Sri. Borra Yogesh Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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HIGH COURT FOR THE STATE OF TELANGANA

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THURSDAY ,THE TWENTIETH 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: 2480 OF 2025

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Between:

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Sri. Borra Yogesh, S/o Manohar, Aged 34 years, Occ. Private Employee, R/o H.No.'1-5-15, Sircilla Road, Kamareddy, Nizamabad District.

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...PETITIONER/ACCUSED

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AND'1. The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad.

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Sri. T.Ramu, Sub-lnspector of Police, Sanathnagar Police Station, Cyberabad.

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...RESPONDENT/COMPLAINANTS

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Petition under 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 quash the proceedings in P.R.C. No. 55 of 2015 on the file of the Honble Xll Addl. tvletropolitan Magistrate, Medchal-Malkajgiri, at Kukatpally Accused No.3.

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l.A. NO: 2OF 2025

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Petition under Section 482 ol Cr.P .C 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 in P.R.C. No. 55 of 20'15 on the file of the Honble Xll Additional Metropolitan Magistrate, Medchal- Malkajgiri, at Kukatpally including appearance of the Accused No.3 pending disposal of the above Criminal Petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. RAM REDDY, Advocate for the Petitioner and Sri Jithender Rao Veeramalla the Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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,io

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THE HONOURABLE SMT.^{JUSTICE JIIWADISRIDEVI} CRIMINAL PETI^{TION No.248Oof 2025}

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ORDER

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This^(lriminal Petition^{is filed under Section 528 the} Bharatiya Nagarik^{Suraksha Sanhita, 2r)23 (for short} 'BNSS) by pt titioner-ztccused^{No.3 to quash the proceedings} against him in P.R.C.^{No.55 of 2015 on the file of the} learned XII Adclitional^{JudicialMetropolilzrn Magistrate,} Medchal-Malkajgiri at Kukatpally^{The olTencesalleged} agarnst petil.ioner arc^{under Seclion 370(1.) of the Indian} Penal Cocle^(for short^'lPC') ald^{Sections 3, 4 and 5 of the} Immoral TI'alllc (Prcvention)^{Act, 1956 (for strort 'the Act').}

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Heard Mr.S.Ram Reddy,^{learrLed counseifor} petitioner and Sri Jither-rder Rao^{Veerzurralla, learned} Additional Public Prosecutor^{for responder:ts and perused} the record

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tn briel, the case o[ the prosecution^{is that the} Poiice, Sanathnagar Police Station^{received credible} information :rbout^{running of brothel hous<: and raided the} H.No.13 1-9 r, Plot^{No. 120, Sri HarshaRe:;idency,Ground}

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floor, Motinagar, Salathnagar, Cyberabad and found accused Nos.l to 3, accused No.1 and 2 are organizers and accused No.3 is a customer

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Learned counser for petitioner submitted that the womal who was found with petitioner_accused No.3 is not trafficked woman and petitioner is nothing to do with the alleged offences. The ingredients of the offence under Section 370(.4) of IpC and Sections 3,4 and 5 of the Act does not attract to the present case on hald. Thereby, he prayed to quash the criminal proceedings against petitioner_ accused No.3.

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0S. Learned Additional public prosecutor for the State submitted that there are specific allegations against petitioner and the truth or otherwise would come out only after conducting full_fledged trial by the concerned Court below and prayed to dismiss this Crimina_l petition.

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In view of the above facts arrd circumstances of the case, it is relevant to extract the provision under Section 370 of IpC:

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*37O. Trafficking of a Person: (1)Whoever'^for the^{pu rpose of expioitation, (a) recr':its'(b)} transpr.,rts,^{(c) harbours, (d) transfers'or (e)} receivet;.^ar Pe^{rson or} Persons,^bY-

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Firstl using threats,^or Secondbt^{using force, or anY othetlorm of} coerclon,^or

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Thirdl by abduction,^or

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Fourthlu-^{by practising fraud' or d':ception'} OI

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Fifthttt--^{bY abuse of Power,or}

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Sixthly--^{by inducement, including the giving} or recr:iving^{of payments or benefits'in order} to acl'ieve^{the consent of any personhaving} control over^{the person recruited' transported'} harbo-,rred,^{transferredor received'commits} the ollenct^{ol tralficking'}

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OrylgaoLti9ft-]^{The expression "exploitation"} sha-ll^{jnclude any act of physicalexploitation or} any iorm^{olsexual exploitation' slavery or} practices similar^{to slavery, serviturle'or the} forcecl re moval^{of organs'}

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nqtion ?-^{The consent of tht: victim is} immaterial^{in determinationof the offence of} traffir:king.

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pfWLioever commits^{the offence of tra-fficking} shail bc^{punished r'vith rigorous imprisonment}

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for a term which shall not be less than seven years, but which may ext end to ten years, ald sha_ll also be liable to line. [QlWhere the offence involves the traffickrng of more than one person, it sha-ll be punishable with rigorous imprisonment for a term- which shall not be less than ten years but which may extend to imprisonn rent for life, and shal a]so be liable to rrne. . (![Nhere rhe oflence a minor, it shalt o.^{'tto'u""the trarfickingof} Punishable with rigorous imprisonment for , less than ten years. ;:rTffilH: :; imprisonment for life , and shall also be liable to line. fS,,lWhere the offence involves the trafficking of more than one mir rJ',H,T;:f with rigorou",",r.,"*;t ;:li shall not be less than fourteen years' but which may extend for life, a-,,d sha-lr arso be r,"oi" ,;:"sonment [QIf a person is co of the offence of trarficking of -rrr.'"'"tto )r on more than one occasion, then such shall be punished with imprisonment fperson imprisonment r.. ;."'.'.Jff:":t:lTT

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ryy.,,/

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person s llatural^{life, and shali also be liable to} fine.

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lflWher^{a public servant or a police 'llficeris} involvctl in^{the trafhcking of any person then'} such l.,ul)lic^{servant or police oflicer shall be} punishcd with^{imprisonmentfor lift:' which} shall rnean^{imprisonment for the remainder of} that ptrrson's^{natural life, and shall also be} liable to fine."

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o7 -scction^{370(A) of IPC reads as urL<ler:}

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Exp!pi@

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f.I-.,fWhoever,^{knowinglyorhaving} reason to belicv<' that^{aminor has been} trafficked, engag(rs such^{minor for sexual explcitation tn} any nlanner,^{sha-ll be punished with rigorous} imprit;onment^{for a term which shzLll not be} less tl'ran^{five years,but which maye xtendto} sevcn ]rears,^{and shall alsobe liable t'l hne'}

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fflWhoevcr,^{knowinglyby or havingreason to} believc that^{apersonhas been fafhcked'} engap,cs such^{person lor sexual expl'litation in} an) llranner,^{shall be punished with rigorous} impnsonment^{for a term which shall not be} less tltan three^{years, but which mal' extend to} five 1't:ars, and^{shall also be liable to [lne'}

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As per Sections 370 and 370(.4) of IpC, any person by using threat or force or any form of coercion or abduction by practicing fraud or deception or by abusing of power or by inducing can only be termed as a .trafficked person'. In the present case even according to the statement of LW 1_sex worker, she stated that she was doing prostitution for the sake of money.

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

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nt or I 7l t or o.l wi to be 4.s a brothe t. LUAny person who keeps or manages, or acts or assists in the ke brothel shall be rJ,:'ff :.' ;T:TJ::; 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-

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[qlbeinq^{t he tenant,lessee, occupieror person} in chalge^{<lf any premises, uses, or kllowingly} allorn's :rny^{other person to sue, such lxemises} or anY llart^{thereofas a brothel, or}

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@lbcing^{Lhe ou'ner, lessor or landlor'l of any} premiscs or^{the agent of such ownei'It:ssor or} landlorcl,^{lets the salneor any part thereof with} the knowied,ge^{that the same or any part} thereol is^{intend,ed to be used as a bl'othel' or} is rvilf,r1ly^{a party to the use of such premises} or an1 Part thereof^as a brothel.^{Shall be} punishable on first conviction^with imprisonment^{for a term which may extend to} two ]'cars^{and u'ith fine which may :xtend to} two tlrousand^{rupees and in the e'rr:nt of a} seconl or^{subsequentconviction,with rigorous} impri:;otrment^{for a term which may extend to} five ycals^{and also with fine'}

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p]Noru,ithstanding^{anything contain:di'n any} other' law for^{the time being inforce'on} convi''tion^{of any personreferred to jn clause} (a) o' clause^{(hr) of sub-section(12) ofanV} offenr'c under^{that sub-sectioninrr:spectof} an1, lrremises^{or any part thereof,ariJ' lease or} agret:rnent^{under which such prerrtises have} been leased^{out or are held or occupiedat the} time ol the commission^{of the offe nce' shall}

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become void and inoperative with effect from the date of the said conviction.

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Ptlnfshment r liuin onthe ecanin so rostiAttion.

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LQAny 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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(4Vhere arry person is proved _

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

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&)Lo have exercised control, direction or influence over the movements of a prostitute in such a manner os to shorrr rh - r -, , ^r^ aiding, abetting ". .j:;::i; ;:ffi;, or

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/qfto be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person withrn the meaning of sub_sect.lon (1):provided that no such presumption shall be drawn in the case

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of a sln or daughter of a prostitute, il the son or datrgl-rter is below the age of eightet:tr yea-rs.

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Proqtrinq, inducinq or takinq u)oman or r the so,ke o rostitution.

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l4Ant^{person who-}

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/qfpro:ure's^{or attemptsto procure a ,vomanor} girl, r'hether with or without her co;rsent, lor the ptrrpose ol prostitution; or

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(Elindrrces a woman or girl to go lrom any place. u"ith the intent that she may for the purpose of prostitution become the inmate of, or fi'e<1uent, a brothel,, or

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(qftakt:s or attempts to take a woman or girl, or causes a wonran 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; OI

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/d)cau ses or induces a woman or^girl to carry on pr ostitution;shall be punishable on hrst conviction lvitl'r rigorous imprisonm:nt for a term rf not lt:ss thal one year and not more tham^.u,<> years and also with fine v',hich may exten<1 to tu,o thousand rupees.

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@[n^{the event of a second orsuLtrsequent} convic tion of an offence under this section a person shall be punishable with rigorous impris;onment lor a term of not less than two

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years arrd not more than five years ald a_lso with fine which may extend to two thousand rupees.

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(4,An offence under this section shaii be triable-

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(g)tn the place from which a woman or girl is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such woman or girl is made; or

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[p)in the place to which she may have gone as a resuit 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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The Sections 3, 4 and 5 of the Act deals with regard to punishment for keeping a brothel or aliowing premtses to be used as a brothel, punishment for living on the earntngs of prostitution; punishment for procurlng, inducing or taking woman or girl for the sake of prostitution. There are no allegations against petitioner that he is running brothel, or living on the earnmgs of prostitution, or procured girl for doing prostitution. In the present case on hand, as per the case of prosecution, the sole allegation against petitioner-accused No.3 is that he is

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customer. Tl'rerefore, the^{a-llegationagainst petitionerdoes} not constitute the offences^{under Sections 3,4 and 5 of the} Act

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As seen from the entire case rer:ord,^including the statements of the victim recorded^{under Section 161 ol} Cr.P.C., discloses that petitioner-accused^{No.:3 is customer} and she clearly statecl that due^{to povertyarrri other family} background she^joined brothel house^{and gi'renwillingness} to do sex u,ith the customers.^{Furthermore,zrt the stage of} fiiing of the FIR or during the course^{of i:rvestigationor} through the averments of the charge sheet,^{the Police could} not putforth any material to substantiate lhat^petitioner- accused No.3 had knowledge andlor the^{re,lson to believe} that the \roman was tra-fficked for the^{purpose of} prostitution. Therefore, the ingredients; required to constitute th,: offence under Section 370(,,{ of IPC is not made out against the petitioner.

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In view of the above discussion and having

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considered the lact that the petitioner-accus,:d^{No.3 had no} knowledge that the woman was trafficked for^{r,he purpose} of

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prostitution, this Court is of the considered view that the continuation of the proceedings against petitioner_accused No.3 amounts to abuse of process of law, therefore, the proceedings against the petitioner_accqsed No.3 is tiable to be quashed.

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Accordingly, this Criminal petition is allowed and the proceedings against the petitioner_accused No.3 in P.R.C. No.55 of 2O1S on the file of the learned XII Additional Judicia-l Metropolitan Magistrate, Medchai_Ma_lkajgiri at Kukatpally, are hereby quashed.

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As a sequel, pending miscellaneous applications, if any, shall stand closed.

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To,

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Sd/- V. KAVITH A //TRUE COPY// ASSTSTANT REGTSTRAC / SECTION OFFICER

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1 The Xll Addl. Metropotitan Magistrate, Medchat-Malkajgiri, at Kukatpally

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2 The Station House Officer, police Station, Sanathnagar, Cyberabad J Two CCs to the pUBLIC PROSECUTOR, High Court at Hyderabad. (OUT) 4. One CC to SRl. S. RAM REDDyAdvocate tOpUCl 5 Two CD Copies

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HIGH COURT