Citation : 2023 Latest Caselaw 57 AP
Judgement Date : 3 January, 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.40 of 2023
ORDER:
The petitioners are accused Nos.2 and 4 in PRC.No.29 of
2022 for offences under Sections 370(a)(2) of IPC and Sections 3,
4, 5 & 6 of Prevention of Immoral Trafficking Act, 1956.
2. The petitioners have approached this Court for
quashing of the said case on the ground that they are arrayed as
customers in the brothel house and as such cannot be charged
with any of the offences mentioned above.
3. Sri M.Venkateswarla Reddy, learned counsel for the
petitioners relies upon various judgements of this Court in
Goenka Sajan Kumar vs. State of Andhra Pradesh1 and
Kondapalli Samba Siva Rao vs. State of Andhra Pradesh.2
4. In view of the aforesaid judgments, the customer in
brothel is not to be treated as an accused and nor can said
customers be treated as persons who have committed the
offences mentioned above.
2015(1) ALT (crl.) 85 :2015(3) crimes 281
2022 SCC Online AP 1530
5. Accordingly, PRC.No.29 of 2022 on the file of II
Additional Judicial Magistrate of First Class, Kadapa is quashed
against the petitioners.
Miscellaneous petitions, pending if any, in this Criminal
Petition shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J
03.01.2023
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.40 of 2023
03.01.2023
RJS
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