Pentyala Srinivasa Rao, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5629 AP

                                   1




 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                   Writ Petition No.31480 of 2015

ORDER:

This Writ Petition is filed seeking quash of the proceedings

against the petitioners in Sessions Case No.85 of 2015 on the file

of the Principal Assistant Sessions Judge, Ongole, Prakasam

District.

2. Heard learned counsel for the petitioners and learned

Assistant Government Pleader for Home appearing for the

respondents.

3. The petitioners are A1, A3, A4 and A5 in Sessions Case

No.85 of 2015 on the file of the Principal Assistant Sessions

Judge, Ongole, Prakasam District. The petitioners have been

facing prosecution for the offences punishable under Sections 4,

5(1)(d)(i) of the Immoral Traffic Act. Although, the charge-sheet

was also filed for the offence punishable under Section 366-A of

IPC, the allegation of committing the said offence under Section

366-A of IPC is only against A2 and A7 as can be seen from the

charge-sheet. Therefore, the petitioners, who are A1, A3, A4 and

A5, are only charge-sheeted for the offences punishable under

Sections 4 and 5((1)(d)(i) of the Immoral Traffic Act.

4. The petitioners sought quash of the said charge-sheet

against them on the ground that it is admitted case of the

prosecution that the petitioners are found in the premises of the

brothel house only as customers during the raid of the police and

that it is settled law that customers, who are found in the

premises of the brothel house at the time of raid, are not liable for

prosecution for the offences punishable under Sections 4, 5(1)(d)(i)

of the Immoral Traffic Act.

5. This Court finds considerable force in the contention of the

petitioners. In fact, it is a covered matter as per the earlier

judgments of this Court. In fact, the proceedings against A6 in

the above case were already quashed by this Court on the ground

that he was found to be only as a customer in the premises of the

brothel house. As per the judgment of this Court passed in Crl.P.

No.3476 of 2015, dated 29.04.2015, the above proceedings

against A6 were quashed by this Court. Therefore, the petitioners,

who are similarly placed, are also entitled for quash of the

proceedings against them.

6. Resultantly, the Writ Petition is allowed quashing the

proceedings against the petitioners in Sessions Case No.85 of

2015 on the file of the Principal Assistant Sessions Judge, Ongole,

Prakasam District,. The prosecution as regards the other accused

shall go on. No costs.

Consequently, miscellaneous applications, pending if any,

shall also stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:25.08.2022.

cs