Syed Jeelani Basha, v. The State Of Ap Rep By Its Pp Hyd.,

Bail Slip: The accused was directed to be released on bail by the order of High Court dated: 5.07 2013 in Crl.RC.l\rlP. 2325 of 2013 in Crt.RC.1498 of 2013

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NO: 1498 OF 2013 Revision filed under Section 397 & 40'1 of Cr.P.C., aggrieved by the Judgment dated. 20-05-2013 passed in CC.No.528 ol 2O12 of 2013 on the file of the court of the of Special Judicial First Class Magistrate for Excise Cases, Hyderabad, preferred against the Judgment dated 22.01.2013 passed in Crl.A.No.27'l on the file of the ll Additional Metropolitan Sessions Judge at Hyderabad.

Between:

Syed Jeelani Basha, S/o Syed Noor Basha, aged 22 years, Occ: Pvt. Service, R/o H.No.7-2-108714, Kingamaiah Buildings, Tulasinagar, Sanathnagar, Hyderabad, N/o Sainath Stone Factory Premises, Prododutur noad, Yeramguntla, Kadapa District.

...PETITION ER/APPELLANT/ACCUSED AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A_P., at Hyderabad, through PS., S.R.Nagar, Hyderabad. ...RESPONDENT/RESPONDENT/COMPLAINANT Counsel for the Petitioner: Sri Bethi Venkateswarlu Counsel for the Respondent: Assistant Public Prosecutor The Court made the following:

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No. 1498 of 2OL3 ORDER:

1. The revision petitioner was arrayed as A2 and two others A1 and A3 were prosecuted by the Police, Sanjeeva Reddy Nagar for the offence under Sections 3, 4 and 5(1)(d) & 7(1) of Immoral Traffic (Prevention) Act, 1956 (for short'the Act')'

2.

P.W.2 lodged a complaint with the police stating that he suspected a woman and some unknown persons in the house of one T.Bharathamma. Accordingly, police along with other locality members went there. Two persons escaped' There, they found that brothel activity is going on. The !et"ott, who was found in the premises is the present revision petitioner. Another female person was also found, who is examined as P.w.1. The police registered a case under the provisions of the Act as stated supra and thereafter filed charge sheet saying that A1 and A3 were absconding' 3.

According to the police, A1 and this petitio4er were rLtnnlng brothel house with the help of P.W. l/victim. According to the evidence of P.W.1, she was married and her husband was not doing

any job, for which she came down to Hyderabad. She met the rev1s10n petitioner, who kept her in apartment. She used to entertain customers and petitioner used to collect money from the customers.

4. On the basis of the evidence of P.w. 1, P.W.2 and the Investigating Officer, Court below found that the petitioner was indulging in activity attracting penal consequences under Sections 3(2)(a), 4 and 5 of the Act and accordingly, convicted.

5. The said conviction was questioned 1n appeal. Learned Sessions Judge confirmed the judgment of the trial Court vide judgment in Criminal Appeal No.271,of 2013, dated 20.O5.2Ot3. 6.

The ground raised by the revision petitioner is that there is no corroboration in the evidence of witnesses and they are contrary. He was falsely implicated in the case. Having gone through the record, P.W. t had specifically stated about the role of the revision petitioner and also he was found in the said premises and no explanation is given regarding his presence in the premises. I do not find any infirmity with the finding of the Court below regarding conviction.

However, keeping in view that there are no other cases which are pending, even according to the learned Assistant Public Prosecutor, the sentence of imprisonment is reduced to the periocl already l undergone.

7.

Accordingly, Criminal Revision Petition is partly allowed. Sd/- K. SAILESHI DEPU REGISTRAR //TRUE COPY// \ SECTION OFFICER To 'l . The ll Additional Metropolitan Sessions Judge, Hyderabad (With Records if any)

2. The Special Judicial First Class Magistrate for excise cases, Hyderabad.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to Sri Bethi Venkateswarlu, Advocate [OPUC]

5. Two CD Copies \- \-AlPIi

!

HIGH COURT DATED: 1210712024 z ;i illE 5 - t )J \__ !) ?b r]TT 2W 'i lw

ORDER

.d CRLRC.No.1498 of 2013 PARTLY ALLOWING THE CRL.RC @*6*