THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13806 of 2011 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner/A-6 seeking to quash the proceedings initiated against him in Crime No.165 of 2011 on the file of II Town L & O P.S., Kakinada, registered for the offences punishable under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956 (for short ‘the Act’). According to the prosecution, on credible information that some persons are indulging in prostitution activities, the Circle-Inspector of Police, Kakinada, along with his staff and mediators, raided Handi Lodge and arrested A-1 to A-3 who were found in room No.201 of the 2nd floor while they were doing prostitution. On interrogation, A-1 to A- 3 voluntarily confessed that A-4 engaged A-3, who came from Visakhapatnam on prostitution business, to A-1 and A-2 by taking an amount of Rs.2,000/-, and one cell phone was seized from the possession of A-2 in the presence of mediators. On the confessions made by A-1 to A-3, the police also conducted raid on the house of A-4 at Pallamrajunagar, Kakinada, and found A-4 to A-6 inside the house where A-4 made an offer to arrange A-3 to A-5 and A-6 and that A-5 and A-6 were waiting for the arrival of A-3. The police arrested A-4 to A-6 at 10.00 p.m. in the presence of mediators and seized an amount of Rs.2,000/- from the possession of A-4 and also seized an amount of Rs.500/- from the possession of A-5 and one cell phone was seized from A-6. Basing on the complaint, a case in Crime No.165 of 2011 was registered against A-1 to A-6 for the offences punishable under Section 3,4 and 5 of the Act. Heard. Section 3 of the Act deals with punishment for keeping a brothel house or allowing premises to be used as a brothel. Section 4 of the Act speaks about the punishment for living on the earnings of prostitution. Section 5 of the Act prescribes the punishment for procuring, inducing or taking a woman or girl for the sake of prostitution. Mere perusal of the Sections above mentioned would clearly establish that a person who involves himself with intent to satisfy his sexual urge cannot be prosecuted under the provisions of the Act. As such, this Court is of the view that the proceedings against the petitioner in the present complaint are erroneous and without any legal basis and the petitioner herein cannot be punished under the provisions of the Act. Hence, the proceedings against the petitioner in the present complaint are liable to be quashed. Accordingly, the criminal petition is allowed and the proceedings against the petitioner/A-6 in Crime No.165 of 2011 on the file of the II Town L & O P.S., Kakinada, are hereby quashed. ____________________ JUSTICE RAJA ELANGO 27.12.2011 V V