Annapureddy Jogendra Prasad vs The State Of Andhra Pradesh
2022 Latest Caselaw 353 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.76 of 2022

ORDER:-

This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking

quash of proceedings in P.R.C.No.3 of 2021 on the file of the

learned VI Additional Junior Civil Judge, Guntur, arising out of

Crime No.416 of 2020 of Old Guntur Police Station, Guntur

District.

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner is A-4 in the above P.R.C.No.3 of 2021 on the

file of the learned VI Additional Junior Civil Judge, Guntur. He has

been facing prosecution for the offences punishable under Section

370(A),(2) IPC and under Sections 3 and 4 of the Prevention of

Immoral Traffic Act on the ground that when the police raided the

brothel house that the petitioner herein was found in the said

premises as a customer, who visited the said premises to have

sexual pleasure with prostitute on payment of cash.

This is a covered matter as per the earlier judgment of this

Court passed in Criminal Petition No.6733 of 2021 wherein this

Court held that a customer who visited the brothel house, is not

liable for prosecution. The said judgment was rendered on the

basis of the earlier judgments of this Court in the cases of

Z.Lourdiah Naidu v. State of A.P.1 and Goenka Sajan Kumar v.

the State of A.P2 and also on the basis of the judgment of the

Karnataka high Court in the case of Sri Roopendra Singh v.

2013 (2) ALD (Cri) 393 = 2014 (1) ALT (Cri) 322 (A.P.)

2014 (2) ALD (Cri) 264 = 2015 (1) ALT (Cri) 85 (A.P)

State of Karnataka3 wherein it is held that customer, who visited

the brothel house, is not liable for prosecution. Therefore, in view

of the aforesaid judgments, the petitioner, who is similarly placed,

is also entitled for quash of the proceedings registered against him.

Resultantly, the Criminal Petition is allowed quashing the

proceedings against the petitioner herein alone, who is A-4, in

P.R.C.No.3 of 2021 on the file of the learned VI Additional Junior

Civil Judge, Guntur. The proceedings of the case in respect of the

other accused shall go on.

Miscellaneous petitions, if any pending, in the Criminal

Petition, shall stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 25.01.2022 AKN

Order, dated 20.01.2021, in Crl.P.No.312 of 2020, of the Karnataka High Court at Bengaluru.

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.76 of 2022

Date: 25-01-2022

AKN