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Judgment
E.V.Venugopal, J
This Criminal Revision Case is filed aggrieved by the order dated 05.06.2024 passed in Crl.M.P.No.10 of 2023 in S.C.No.445 of 2022 on the file of the learned Assistant Sessions Judge, Ranga Reddy District at Kukatpally, (for short, “the trial Court”), wherein the learned Judge of the trial Court had dismissed the discharge application filed by the petitioner/accused No.5, seeking to discharge him for the offences punishable under Section 370(A)(2) of I.P.C.
Heard Mr.Suresh Shiv Sagar, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent-State.
The brief facts of the case are that on 20.02.2021 at about 20-00 hours, the Sub-Inspector of Police, Madhapur Police Station lodged a complaint stating that basing on a credible information that some persons are running brothel house by procuring the female sex workers at Studio 11 Saloon & SPA, Arunodaya Colony, Madhapur of Serilingampally Mandal, Ranga Reddy District., after securing the presence of mediators and panchayathdars and other police personnel, he raided the said brothel house and taken into custody of accused No.1 who is the organizer of the said brothel house and the petitioners/accused Nos.2 to 5 who were found along with one victim women by name Ameerun Abdul Amir Shaikh and Juothi Vishal Maske, Mandakini, Ambica @ Sonali Singh and Pasuleti Meena. On enquiry, accused No.1 voluntarily confessed in the presence of mediators and panchayathdars that they were running brothel house. Thereafter, he seized the cell phones of the accused and also the organizers of the said brothel house. After recording the statements of the accused, victim women in the presence of mediators they have arrested the accused and rescued the victim women to rehabilitation centre. Basing on the said complaint, the police registered a case in Crime No.185 of 2021 of KPHB Police Station, Medchal District, registered for the offences punishable under Sections 370(A) (2), 188 of IPC and Sections 3, 4 and 5 of Prevention of Immoral Trafficking Act, 1956 (for short ‘PIT Act’).
Learned counsel for the petitioner further stated that this Court vide common order dated 16.08.2023 in Criminal Petition Nos.5073, 5560, 5673, 5983, 5954, 6106, 6110, 6198, 6299, 6932, 6952, 6020, 6876, 6266, 6626, 6282, 6183, 6717, 7058, 7140 and 7163 of 2023 quashed the case against the customers in 21 cases and laid down that the customers are not liable for prosecution for the offence under Section 370 (A)(2) of I.P.C. Relying upon the aforesaid orders, learned counsel for the petitioner contended the trial Court, erroneously passed the impugned order and sought to quash the impugned proceedings.
Learned Assistant Public Prosecutor submitted that the trial Court, upon careful scrutiny of the material available on record, rightly passed the impugned order and interference of this Court is not warranted. Therefore, he seeks to dismiss the Revision.
Having regard to the submissions made by both the learned counsel and relying on the decisions passed by this Court in Criminal Petition No.3002 of 2021, Criminal Petition Nos.5073, 5560, 5673, 5983, 5954, 6106, 6110, 6198, 6299, 6932, 6952, 6020, 6876, 6266, 6626, 6282, 6183, 6717, 7058, 7140 and 7163 of 2023 and the decisions passed by the High Court of Andhra Pradesh in Padala Venkata Sai Rama Reddy Vs. The State of Andhra Pradesh Criminal Petition No. 6733 of 2021 dated 29.11.2021 and Chennuboina Raj Kumar Vs. The State of Andhra Pradesh Criminal Petition No.2900 of 2022 dated 21.04.2022, this Court is of the opinion that the petitioner is a mere customer, who visited the brothel house for prostitution on payment of money and as per the settled law, customer cannot be made liable for prosecution for any of the offences for which the F.I.R. is registered and therefore, continuation of impugned proceedings against the petitoner is abuse of process of law.
Accordingly, the Criminal Revision Case is allowed and the order dated 05.06.2024 passed in Crl.M.P.No.10 of 2023 in S.C.No.445 of 2022 on the file of the learned Assistant Sessions Judge, Ranga Reddy District at Kukatpally, are hereby set aside.
Miscellaneous Petitions, pending if any, shall stand closed.