HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7989 OF 2010 Dated : 28.10.2010. Between : A.Preetham Reddy & others … Petitioners-A.6 to A.8 a n d The State of A.P. … Respondent-State HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7989 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioners-A.6 to A.8 seeking to quash the proceedings in C.C.No.344 of 2010 on the file of the II Additional Judicial First Class Magistrate, Khammam, for the offence punishable under Sections 3, 4, 5 (1) (d) and 7 of Immoral Traffic (Prevention) Act, 1956, (for short ‘the Act’). The Prosecution case is that on 10.06.2010 at 2200 hours, on the credible information indulging in Prostitution activities, the Inspector of Police, PS Khammam I Town, along with panch witnesses raided the house bearing No.7-3-453 at Vijayanagar Colony, Khammam, belonging to A.1 and A.2 and found A.1 to A.8. On interrogation before the mediators, A.1 confessed that she along with A.2 took the said house for rent, induced and procured the voluptuaries for prostitution and were earning money by making the voluptuaries prostitution. They also confessed that, accordingly, on that day they called A.2 to A.8 and while they were doing prostitution Police apprehended them. Basing on the complaint, Police registered a case in Crime No.112 of 2010 and after completion of entire investigation they filed charge sheet against A.1 to A.8 for the offences stated above. Heard. Learned counsel for the petitioners submitted that ingredients of Section 7 of the Act are not attracted against the present petitioners. Thus, he prayed to quash the proceedings against the petitioners. Section 3 of the Act deals with punishment for keeping a brother 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 punishment for causing or inducing a person to carry on prostitution. Section 7 of the Act denotes that the person, who runs brothel house for the purpose of carrying prostitution, is punishable under the Act. Now the point for consideration before this Court is ‘whether the petitioners 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 runs brothel house for the purpose of earnings is liable for punishment under the Act. But, 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 is erroneous and without any legal basis. Hence, the present complaint is liable to be quashed against the petitioners when there is no law to punish them under the provisions of the Act. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners in C.C.No.344 of 2010 on the file of the II Additional Judicial First Class Magistrate, Khammam, are hereby quashed. _________________________ JUSTICE RAJA ELANGO Dated : 28.10.2010 sur