P.Santhosh v. The Inspector Of Police,

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CRIMINAL PETITION No.3111 of 2015 ORDER:

This application is filed under Section 482 of Cr.P.C. to quash C.C.No.236 of 2015 on the file of III Metropolitan Magistrate Court at L.B. Nagar, Cyberabad, Ranga Reddy District in so far as the petitioner is concerned.

2. The petitioner is A-3 in the said case. It is alleged that he has committed the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

3. The learned counsel for petitioner submits that petitioner is only a customer visiting the brothel and that this Court in Goenka Sajan Kumar Vs. The State of A.P. and Z.Lourdiah Naidu Vs. State of Andhra Pradesh and in the order dt.11-03-2015 in Crl.P.No.1536 of 2015, has held that the provisions of the said Act cannot be invoked for prosecuting the persons like the petitioner.

4. The learned Public Prosecutor has not disputed this legal proposition.

5. In this view of the matter, this Criminal Petition is allowed, and the proceedings against the petitioner in C.C.No.236 of 2015 on the file of III Metropolitan Magistrate Court at L.B. Nagar, Cyberabad, Ranga Reddy District are quashed.

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE M.S.RAMACHANDRA RAO Date: 21-04-2015 Vsv/*