THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7663 of 2011 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner/A-11 seeking to quash the proceedings initiated against him 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 30.04.2011 at 1900 hours, on the credible information that some persons are indulging in prostitution activities, the Sub-Inspector of Police, Vanasthalipuram, along with panch witnesses raided the house situated in Plot No.132, Judges Colony, Vijaya Sree Colony, Vanasthalipuram, Hayathnagar Mandal, Ranga Reddy District, and apprehended A-2, A-6 to A-11 in the said house and seized some vehicles and cell phones which were used in the commission of the offence. On interrogation before the panchas, A-2 confessed that A-1 is the main organizer who advised him to run a brothel house and promised him to provide a house, men and women, for which he agreed. A-2 further confessed that A-6 to A-8 are also residing with him, whereas A-3 to A-5 and A-12, who are residing at Nagole and who are also involved in adultery, used to send women to his house for adultery. A-2 also confessed that on 30.04.2011, A-3 to A-5 sent the victim Jyothi to his house and he called A-9 to A-11. In pursuance of the confessional statement of A-2, the police also raided Flat No.204, City Homes, Mohan Nagar, Nagole, and apprehended A-3 to A-5 and A-12 in that house. Basing on the complaint, a case in Crime No.346 of 2011 was registered and after completion of entire investigation, charge sheet was filed against A-2 to A-12 for the offences stated above. Heard. Learned counsel for the petitioner/A-10 submitted that the petitioner is a student and he has not committed the alleged offences and even as per the prosecution version, the petitioner/A-11 went to the house of A-2 on the invitation of A-2 only, as such, the ingredients of the alleged offences are not at all attracted to the case of the petitioner, thus, prayed to quash the proceedings against the petitioner. 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 petitioner can be proceeded for the alleged offences mentioned in the charge sheet?’ 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 petitioner/A-11 is erroneous and without any legal basis and the petitioner herein cannot be punished under the provisions of the Act. Hence, the present complaint is liable to be quashed against the petitioner/A-11. Accordingly, the criminal petition is allowed and the proceedings against the petitioner/A-11 in C.C.No.423 of 2011 on the file of the VII Metropolitan Magistrate at Hayathnagar, Cyberabad City, are hereby quashed. ____________________ JUSTICE RAJA ELANGO 27th August 2011 Rns