S. NAVEEN KUMAR Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) IN this petition filed under Section 482 Cr.P.C., the petitioner/A3 seeks to quash the proceedings in PRC No. 103 of 2014 on the file of II Additional Junior Civil Judge -cum -XIX Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad.

(2.) THE police of KPHB PS registered FIR No. 985 of 2014 with the allegation that on 20.09.2014 at about 21.30 hours on credible information that an organized prostitution is going on in Flat No. 104, Prasanna Apartment, Bhagyanagar Colony, KPHB, Cyberabad and on obtaining permission from ACP, Kukatpally Division proceeded to Flat No. 104 with the staff and witnesses and on search found two ladies and one person and on their confession came to know that A1 (absconding) was running the brothel house in the said premises and A2 is looking after the maintenance of the same on the instructions of A1 and A1 brought victim lady (LW1) and recruited her for prostitution and A1 sent A3 customer and A2 took Rs. 2,500/ - and showed the victim. At that time the police caught them and brought to the police station and after investigation the SI of Police, KPHB PS laid charge sheet against A1 and A2 for the offence under Section 370A IPC and Sections 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act, 1956 (for short PIT Act) and against A3 under Section 4 of PIT Act. The Committal Magistrate accordingly took cognizance of the offence. Hence the instant petition.

(3.) OPPOSING the petition, learned Public Prosecutor argued that though charge under Section 4 of PIT Act is not maintainable, still petitioner/A3 is liable for charge under Section 370A IPC. He thus prayed to dismiss the petition.