D RAMU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is A-3 among three accused in Crime No.258 of 2018 of Bowenpally Police Station, Hyderabad, dated 02.08.2018, for alleged occurrence at Flat No.G-4, Mehara Dweepam, RR.Nagar, Road No.6, Old Bowenpally, Secunderabad, at about 23.00 hours before midnight of 01.08.2018, registered for the offences punishable under Sections 370 & 370-A of Indian Penal Code (for short, 'IPC') and Sections 3, 4 & 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, 'ITP Act').

(2.) The report of Mr.S.Sudheer Kumar, Detective Inspector of Police, Bowenpally Police Station, Secunderabad, along with enclosures covered by Search proceedings, confession-cum-seizure Panchanama of accused persons and seized property as per Panchanama, addressed to the Station House Officer, Bowenpally Police Station, in registration of the crime at 1.30 hours i.e., immediately after 01/02.08.2018 midnight, reads that few hours before, though mentioned as 01.07.2018 instead of 01.08.2018, night at about 10.00 p.m., he along with staff present at Bowenpally Police Station, received some credible information of one lady by name Podicheti Kavitha is organising a brothel house at Flat No.G-4, H.No.7-35/2, Mehara Dweepam, RR.Nagar, Road No.6, Old Bowenpally, Secunderabad, and believing the information as authentic, immediately he appraised the same to his superior officers and on their oral instructions to conduct raid in said premises summoned two mediators S.Ram Kishan Rao and P.Srinivas and explained them about the information received and requested them to act as mediators for conducting raid and from their agreed to accompany, they proceeded and he drafted the search proceedings in the presence of the mediators at 22.30 hours and as any delay in obtaining a search warrant from the Court may cause disappearance of accused as well as material evidence. He with the panchas and along with Sub-Inspector of Police-E.Raghuveer Reddy, Constable-M.V.Ramana Murthy, ConstableJ.Praveen Kumar, Constable-M.Ramesh and Woman Constable-Kumari Maheshwari, reached the Flat No.G-4 supra and on knocking the door, one lady opened the door. He revealed his identity and purpose of visit to conduct raid and on enquiry, she revealed her name as said Podicheti Kavitha, organiser of brothel house, resident of Gungal Village, Yacharam Mandal, Ranga Reddy District, and tenant of this portion (G-4, Mehara Dweepam supra) and when served copy of the search proceedings on her and obtained her acknowledgement and on observation, the flat is in the premises of ground floor and the flat consisting of a hall, two bed rooms, kitchen, bathroom/washroom and two bed rooms are found closed from inside and on knocking two bedroom doors, two ladies and two male persons opened the doors of each room and the ladies are found in obscene gesture and on enquiry, one of the lady, who is with gent, revealed her name as Shaik Faker Bee and stated her profession as Prostitution worker, resident of Pilli Darga, Site-3, Borabanda, and native of Bhanu Gudi, Kakinada, and the male person revealed his name as Joseph Vijay Chander of Sancharapuri Colony of New Bowenpally, Secunderabad, and another lady, who came from another bed room revealed her name as Smt. Mallikadas, W/o. Banti Das, resident of Part No.148, Jessore Road, Near Catholic Church Chayghoriya, West Bengal State, and the male person revealed his name as D.Ramu, S/o.D.Narayana, resident of Quarter No.3/L, KVS Airforce Station, Begumpet, and brought all of them into the hall at about 23.10 hours (11.10 p.m.) in the night and recorded the disclosure statement-cum-seizure Panchanama of accused persons and seized Rs.2,000/- 5 unused condom packets and one cell phone from the accused Kavitha, one cell phone also from Joseph Vijay Chander and also seized one cell phone from Ramu in the presence of panchas and affixed signed panch chits on it and also rescued two victims supra, who stated engaged by the organizers for sexual exploitation with the customers supra by earning illegal profits and, therefore, producing the organizer of the brothel Podicheti Kavitha and two customers Joseph Vijay Chander and D.Ramu and the two victims supra and what is seized with particulars, to take action. It is therefrom after midnight of 01.08.2018 i.e., to say on 02.08.2018 at 1.30 hours, the crime was registered by Sub-Inspector of Police, Bowenpally Police Station, by name Vijay Kumar, who is different to the Detective Inspector S.Sudheer Kumar supra, as Crime No.258 of 2018, for the offences punishable under Sections 370 & 370-A of IPC and Sections 3, 4 & 5 of ITP Act.

(3.) The quash petition contentions of the petitioner (A-3) are that, particularly by reproducing so-called gist of the FIR.supra in para 2, from paras 3 to 11 that on reading of the report in alleged commission of the offences, ingredients of the alleged offences do not attract, police registered a case on raid basing on so-called confessional statements of accused in the presence of stock mediators without obtaining any search warrant from concerned Magistrate, having forcibly entered and seized some material to prove their bona fides in registration of the crime and the petitioner (A-3) never involved in identical cases or any other case and he is nothing to do with alleged offences and only police registered the case for statistical purpose, he is staying in the same plot since long time and there is no complaint from general public though police people basing on information from unknown person, raided and registered the case and in these circumstances, unless the Court intervene to quash the FIR, his entire family will suffer and he will face stigma in society and he is innocent and no way connected with the alleged offences for which the crime registered and the FIR.would not lie to conduct investigation and even the police described him as a customer and customer shall not be prosecuted under the Immoral Traffic (Prevention) Act, 1956, even assuming for a moment he is a customer and the Investigating Officer, Sub-Inspector of Police, who registered the crime has no jurisdiction to investigate and it is averred as if he filed charge sheet though there is no charge sheet so far filed with the material and also from the submission of learned Public Prosecutor and in saying there is no useful purpose would be served in continuing proceedings against him and continuation of proceedings are abuse of process and to secure the ends of justice, the FIR.proceedings are liable to be quashed. Thereby seeking to quash the proceedings.