HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10678 OF 2011 ORDER: This Criminal Petition is filed by the petitioners-accused Nos. 4 to 7, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in Crime No. 309 of 2011 of III Town L & O, Police Station, Rajahmundry registered for the offences punishable under Sections 3(1), 4(1) and 5(a) of Immoral Traffic (Prevention) Act 1956 (for short ‘the Act’). According to the prosecution, on credible information that a brothel house is running at H.No. 3-325, Raogari Buildings, Katheru village, Rajahmundry Urban Mandal, on 6.9.2011, a search was conducted on the said premises and on entering the premises, the search party found five male persons and three women in the said premises. When questioned about the identity of the male persons, they disclosed their names as Korlepara Haranadh (Petitioner- Accused No. 4), Yellabandi Anil Kumar (Petitioner No.2-Accused No.5), Kondaveeti Kalyan(Petitioner-Accused No.6) and Dasu Prasad(Petitioner No.4-Accused No.7) and the woman also disclosed her name as Alapati Rani @ Venkatamma(Accused No.1); herself and A-2 with the knowledge of A-3 running a brothel house at the said premises by procuring known girls; she used to provide said sex workers for the known customers in the said premises by contacting them over phone by settling the deals. 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 (1) (d) of the Act prescribes any person who causes or induces a person to carry on prostitution. Section 7 (1) of the Act speaks about any person who carries on prostitution and the person with whom such prostitution is carried on in any premises. 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 initiated against the petitioners are erroneous and without any legal basis and the petitioners herein cannot be punished under the provisions of the Act. Hence, the proceedings initiated against the petitioners in the above Crime are liable to be quashed. Accordingly, the criminal petition is allowed and the proceedings initiated against the petitioners-Accused Nos. 4 to 7 in Crime No. 309 of 2011 of III Town L& O, Police Station, Rajahmundry, are hereby quashed. Miscellaneous Petitions, if any, filed along with the criminal petition shall stand closed. __________________ RAJA ELANGO, J 4th November, 2011 CHV