Dasuri Venkat Reddy, vs State Of Andhra Pradesh,
2021 Latest Caselaw 1812 AP

       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

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.

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.2116 of 2021

01st April, 2021 RJS.