HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
Crl.P.No.9740 of 2022
ORDER:
The petitioner accused No.2 in S.C.No.343 of 2018 on the file of the II Additional District and Sessions Judge, Visakhapatnam, for the offences punishable under Section 370 (A) (2) IPC and Sections 3 & 4 of the Immoral Traffic Prevention Act, 1956.
2. The allegation against the petitioner in the charge sheet is that he was a customer, who had visited the brothel house, when the petitioner and the other accused in the case were arrested.
3. This Court in various judgments, including the order dated 06.05.2022 in Crl.P.No.3621 of 2022; order dated 11.03.2022 in Crl.P.No.1785 of 2022 and order dated 05.01.2022 in Crl.P.No.7697 of 2021, following the judgments of this court in Z. Lourdiah Naidu vs. State of A.P.1 and Goenka Sajan Kumar vs. The State of A.P.,2 had held that a customer cannot be treated as an accused in such cases.
4. Following the said judgments, this criminal petition is allowed and the proceedings in S.C.No.343 of 2022 on the file of the II Additional District and Sessions Judge, Visakhapatnam, are quashed against the petitioner.
1 (2013) 2 ALD (Cri) 393 = (2014) 1 ALT (cri) 322 (A.P.) 2 (2014) 2 ALD (Cri) 264 = (2015) 1 ALT 85 (A.P.) 2 RRR,J Crl.P.No.9740 of 2022 As a sequel, pending miscellaneous petitions, if any, shall stand closed.
__________________________ R. RAGHUNANDAN RAO, J.
7th December, 2022.
Js.
3 RRR,J Crl.P.No.9740 of 2022 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO Crl.P.No.9740 of 2022 7th December, 2022 Js.