IMRAN AHAMAD Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Revision Case has been filed under Ss. 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023[the BNSS] challenging the order dtd. 14/5/2024 in Crl.M.P.No.75/2023 in S.C.No.84/2022 passed by the learned III Additional Metropolitan Sessions Judge-cum-VII Additional District and Sessions Judge, Visakhapatnam[the Trial Court] in refusing to discharge the Petitioner/Accused No.2 from the case registered for the alleged offence punishable under Sec. 370A(2) of the Indian Penal Code, 1860[the I.P.C.] and Ss. 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956[the I.T.P.Act].

(2.) The Petitioner/Accused No.2 has filed a petition in Crl.M.P.No.75 of 2023 before the learned Trial Court seeking his discharge from the case. The learned Trial Court vide order dtd. 14/5/2024 dismissed the discharge petition under Sec. 239 of 'the Cr.P.C.' Feeling aggrieved by the dismissal of the discharge petition the Petitioner/Accused No.2 approached this Court.

(3.) Sri K.Devi Prasanna Kumar, learned Counsel for the Petitioner while reiterating the grounds of Revision argued that the Petitioner would not come under the preview of the Sec. 370A (2) of 'the I.P.C.,' as he would not fit into the definition of the customer. He relied on the decision of this Court in Vasanthavada Raghubabu v. State of A.P.,Crl.P.No.8675 of 2022 dtd. 31/10/2025.