Andhra Pradesh High Court - Amravati
Kakumanu Lokesh, vs The State Of Andhra Pradesh, on 21 December, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.7344 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking
quash of charge sheet in S.C.No.13 of 2021 on the file of the
learned V Additional District and Sessions Court, Vijayawada.
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State representing
respondents 1 and 2.
The petitioner is A-2 in the above S.C.No.13 of 2021 on the
file of the learned V Additional District and Sessions Court,
Vijayawada. He has been facing prosecution for the offences
punishable under Section 370(2) IPC and under Sections 3, 4 and
5 of the Immoral Traffic (Prevention) Act, 1956. The said criminal
proceedings are launched against him primarily on the ground that
when the police raided the brothel house that the petitioner was
present at the said brothel house and he visited the said premises
as a customer for prostitution.
Learned counsel for the petitioner would submit that
criminal proceedings under the aforesaid sections of law against a
customer, who visited brothel house for the purpose of
prostitution, is not maintainable and the customer is not liable for
any such prosecution. He would submit that this Court in several
judgments held that prosecution against a customer for the said
offences is not maintainable under law. He would submit that this
is a covered matter in view of the earlier orders passed by this
Court in Criminal Petition No.6733 of 2021, whereby criminal
proceedings launched for the same offences against a customer,
who visited a brothel house, are quashed. Therefore, he would
submit that the petitioner, who is similarly placed, is also entitled
for quash of criminal proceedings launched against him.
Learned Additional Public Prosecutor would fairly concede
that this is a covered matter in view of the aforesaid earlier order
passed by this Court and thereby prayed to pass appropriate order
in this Criminal Petition also.
As can be seen from the order passed in Criminal Petition
No.6733 of 2021, this Court, while relying on the earlier judgments
passed in the case of Z.Lourdiah Naidu v. State of A.P.1 and
Goenka Sajan Kumar v. the State of A.P 2and the judgement of
the Karnataka high Court in the case of Sri Roopendra Singh v.
State of Karnataka3, held that prosecution against a customer
who visited brothel house for prostitution is not maintainable.
Therefore, in view of the aforesaid earlier order of this Court
and for the reasons stated therein, this Criminal Petition is allowed
and the criminal proceedings launched against the petitioner, who
is A-2, in S.C.No.13 of 2021 on the file of the learned V Additional
District and Sessions Court, Vijayawada, arising out of Crime
No.779 of 2019 of Bhavanipuram Police Station, Vijayawada City,
2013 (2) ALD (Cri) 393 = 2014 (1) ALT (Cri) 322 (A.P.)
2014 (2) ALD (Cri) 264 = 2015 (1) ALT (Cri) 85 (A.P)
Order, dated 20.01.2021, in Crl.P.No.312 of 2020, of the Karnataka High Court at
Bengaluru.
alone are hereby quashed. The prosecution against the other
accused shall go on.
Miscellaneous petitions, if any pending, in the Criminal
Petition, shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 21.12.2021
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.7344 of 2021
Date: 21-12-2021
AKN
