Shyamala Naveen Reddy v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1106 OF 2023 Between:

Shyamala Naveen Reddy, S/o. Ramakrishna Reddy, Age: 33 years, OccPvt., Job, R/o.H.No.5-63, Lahari Chaitanya Classic-ll, Nizampet, Hyderabad. ...PETITIONER/ACCUSED No.6 AND

1. The State of Telangana, Rep. by the Public Prosecutor High Court at Hyderabad.

2. B.Satish, Sub-lnspector of Police, Raidurgam, Cyberabad, Ranga Reddy District.

...RESPONDENTS/COM PLAINANT Petition under Section 482 of Cr.P.C 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 Crime.No.1049 of 2022 of P.S., Raidurgam, Cyberabad, Ranga Reddy District and pass such other order or orders as the Hon'ble Court may deem fit and proper in the interest of the justice. l.A. NO: t OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to dispense with the filing of the certified copy of FIR and complainant in Crime No.'1049 of 2022 of P.S. Raidurgam, Cyberabad, Ranga Reddy District. l.A. NO: 2 OF 2023 Petition under Section 482 of 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 Crime.No.1049 of 2022 of P.5., Raidurgam, Cyberabad. Ranga Reddy District, during the pendency of Criminal petition and pass such other order or orders as the Hon'ble Court may deem fit and proper in the interest of the justice.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. Animi Reddy, Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11O6 OF 2o23 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") to quash the proceedings against the petitioner/accused No.6 in Crime No.1049 of 2O2O on the file of Raidurgam Police Station, Cyderabad, Ranga Reddy district.

2.

Heard the learned counsel for the petitioners/Accused No.6 and the learned Additional Public Prosecutor for the State-Respondent. Perused the material on record. 3.

The petitioner is questioning his implication in the above crime for the offences under Section 37O, 37OA of the Indian Penal Code and Section 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

4.

The case of the respondent No.2 - police is that on receiving credible information that some persons are organizing brothel business in the watch man room and room No.2O2 in the 2"d floor at Plot No.3, Jagan Apartments,

Sree Laxmi Nagar Colony, Manikonda, the respondent No.2 along with their staff have conducted raid in the said premises and found three male persons who were engaging the sex workers in the said premises. When the respondent No.2 along with others have reached the petitioner's room, who is arrayed as accused No.6, he was found with a female sex worker.

5.

Admittedly, r.he petitioncr is the customer. Sections 3 to 5 of PIT Act will not be attracted for the reason of the petitioner being a "customer" and the purpose of the Act is to punish the persons running such prostitution or brothel houses. 6.

Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.6 in Crime No.1O49 of 2O2O on the file of Raidurgam Police Station, Cyderabad, Ranga Reddy district is hereby quashed. Needless to say, if the facts discloses the offence under Section 37O( )(21 of Indian Penal Code alleged to have committed by the petitioner/accused No.6, the police are at liberty to take appropriate steps.

Miscellaneous applications pending, if any, shall stand clo sed.

Sd/.G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To,

1. The Xlll Additional Metropolitan Magistrate, Cyberabad at Rajendranagar.

2. The Station House Officer, P.S. Raidurgam, Cyberabad, Ranga Reddy District.

3. One CC to Sri P. Animi Reddy, Advocate [OPUC]

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

5. Two CD Copies gbr \)"

HIGH COURT DATED: 0210212023 6E S IA'} I )"i ,\ [ 1 l{[R 2flfl

ORDER

CRL.P.No.1106 ot 2023 / -.(/ ALLOWING THE CRtMtt\JAL pETtTtON 7\ o