HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8609 OF 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.2, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in C.C.No.850 of 2010 on the file of the IX Metropolitan Magistrate, Kukatpally, Hyderabad, taken on file for the offences punishable under Sections 3, 4, 5 (1) (d) and 7 (1) of the 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.8-3-214/15, Sapthagiri Towers, III Floor, Srinivasa Nagar Colony West, S.R.Nagar, Hyderabad, on 4.10.2010 search was conducted on the said premises and on entering the premises, the search party found two male persons and one woman in the said premises. When questioned about the identity of the male persons, they disclosed their names as S. Praveen (petitioner herein) and A. Ravinder Reddy (A.3) and the woman also disclosed her name as Sapna, resident of Calcutta, West Bengal State. On further enquiry, the male persons disclosed that one Ramesh (A.1) is running a brothel house at the said premises by procuring sex workers from various places. He used to provide said sex worker for the known customers in the said premises by contacting them over phone. On further enquiry with the said lady sex worker, she disclosed that A.1 brought her to the said premises and asked her to join the customers by collecting Rs.1,500/- to Rs.2,000/- from each customer and used to give her commission. 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 petitioner are erroneous and without any legal basis and the petitioner herein cannot be punished under the provisions of the Act. Hence, the proceedings initiated against the petitioner in the calendar case are liable to be quashed. Accordingly, the criminal petition is allowed and the proceedings initiated against the petitioner herein in C.C.No.850 of 2010 on the file of the IX Metropolitan Magistrate, Kukatpally, Hyderabad, are hereby quashed. Miscellaneous Petitions, if any, filed along with the criminal petition shall stand closed. __________________ RAJA ELANGO, J 20th September, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8609 OF 2011 (Allowed) 20th September, 2011 cbs