THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10266 of 2011 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioners/A-2 and A-3 seeking to quash the proceedings initiated against them in C.C.No.423 of 2011 on the file of VII Metropolitan Magistrate at Hayathnagar, Cyberabad City, wherein he is facing trial for the offences punishable under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956 (for short ‘the Act’). The case of the prosecution, in brief, is that on 30.09.2011 at 2230 hours, on the credible information that some persons are indulging in prostitution activities, the Station House Officer, Visakhapatnam II Town Police Station, along with panch witnesses raided the Guest House situated at Dasapalla, and apprehended A-2 and A-3 in the said Guest house and seized the money and some condom packets which were brought for commission of the offence. On interrogation before the panchas, A-2 and A-3 confessed the offence alleged against them. Basing on the complaint, a case in Crime No.548 of 2011 was registered. Heard. Learned counsel for the petitioners/A-2 and A-3 submitted that the petitioners completed their studies and searching for jobs and they have not committed the alleged offences and even as per the prosecution version, the petitioners/A-2 and A-3 went to the guest house only, as such, the ingredients of the alleged offences are not at all attracted to the case of the petitioners, thus, prayed to quash the proceedings against the petitioners. The alleged confession of the accused as stated by the respondent-police are not true and correct and concocted for the purpose of filing this complaint only for statistical purpose. 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. Now the point for consideration before this Court is ‘Whether the petitioners can be proceeded for the alleged offences mentioned in the complaint?’ 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 present complaint against the petitioners/A-2 and A-3 is erroneous and without any legal basis and the petitioners herein cannot be punished under the provisions of the Act. Hence, the present complaint is liable to be quashed against the petitioners/A-2 and A-3. Accordingly, the criminal petition is allowed and the proceedings against the petitioners/A-2 and A-3 in Crime No.548 of 2011 on the file of the III Town Police Station, Visakhapatnam, are hereby quashed. Miscellaneous petitions if any filed along with the criminal petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 31st October 2011 Rns