HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.2116 of 2021
ORDER:
The petitioner is accused No.21 in Crime No.104 of 2020 in Kandukuru Rural Police Station, Prakasam District for the offences punishable under Section 342, 370(4) r/w 34 of IPC and Sections 3(1), 4(1), 5(1)(a) and 6(1)(a) of Immoral Traffic Prevention Act, 1956.
2. The allegation is that he was a customer, who had visited the victim.
3. Sri Kochiri Rajasekhar, learned counsel for the petitioner submits that a learned Single Judge of this Court by an order dated 27.06.2018 in Crl.P.No.5803 of 2018, after reviewing the law on the issue, had held that a customer is not liable to be prosecuted under any of the offences punishable under Sections 3 to 5 of the Immoral Traffic Prevention Act, 1956 and under Section 370 of IPC, but would be liable to be prosecuted for an offence punishable under Section 370(A)(2) of IPC. Sri Kochiri Rajasekhar, learned counsel for the petitioners submits that Section 370(A)(2) has not been mentioned in the FIR and as such, further investigation against the petitioner would not be maintainable.
4. In view of the aforesaid Judgment, investigation may go on against the petitioner for ascertaining whether the provisions of Section 370(A)(2) of IPC would be applicable 2 against the petitioner and if so to take further steps on that count.
5. Accordingly, the Criminal Petition is disposed of. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
01st April, 2021 RJS.
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HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.2116 of 2021 01st April, 2021 RJS.
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