Satuluri Sai Mahesh, vs The State Of Andhra Pradesh
2022 Latest Caselaw 354 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.69 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 F.I.R in Crime No.612 of 2020 of Nagarampalem Police

Station, Guntur Urban District.

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner is A-2 in Crime No.612 of 2020 of

Nagarampalem Police Station, Guntur Urban District. A case under

Section 370(A)\(2) IPC and under Sections 3(1), 4(1) and 5(1)(a) of

the Prevention of Immoral Trafficking Act was registered against

him 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 and the

aforesaid F.I.R registered against the petitioner alone is hereby

quashed. Investigation in respect of 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.69 of 2022

Date: 25-01-2022

AKN