VASANTHAVADA RAGHUBABU Vs. STATE OF A.P.

JUDGEMENT

(1.) These matters came up before us on a reference made by the learned Single Judge of this Court, who, while considering multitude Criminal Petitions filed under Sec. 482 of the Code of Criminal Procedure, 1973 [present Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023], by different petitioners in different crime numbers, vide CRLP Nos.8765 of 2022, 1190 of 2023 & 1959 of 2023, framed the following issue deemed to be of significance so as to render an authoritative verdict and directed that the same be placed before the Hon'ble the Chief Justice for an assignment to an appropriate Division Bench, for an authoritative pronouncement and to attain the finality. Pursuant thereto, Criminal Petition Nos.3680 & 2502 of 2022, 583, 1267, 4501, 5957, 6681, 6814, 6883 and 8366 of 2023, 32, 1417, 2590 and 4041 of 2024 and 878 of 2025 were also placed before the Hon'ble the Chief Justice on the same Reference. In pursuance thereof, the Hon'ble the Chief Justice has been pleased to constitute this Bench to consider and adjudicate upon the question so referred in Para 17 of said Common Order, dtd.: 19/4/2023 in CRLP Nos.8765 of 2022, 1190 of 2023, 1806 of 2023 and 1959 of 2023 and the said Para 17 is extracted hereunder:-

(2.) When all these Criminal Petitions were listed before the learned Single Judge, a pivotal but quintessential was underscored and espoused by the Prosecution, wherein it was vehemently argued by the Prosecution that prima facie case against the customer under Sec. 370A of the Indian Penal Code, 1860 ["Penal Code, 1860"] would be made out at the time when the customer(s) is/are caught red-handed by the police officials at the time of raid.

(3.) Per contra, the learned Counsel for Petitioners therein had submitted that a customer would not come within the purview of the offences under Ss. 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 ["the Act, 1956"] as well as under Ss. 370 and 370A of the Indian Penal Code, 1860.