APHC010716932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13551/2025 Between: 1. S MAHABOOB BASHA, S/O. YAKUB,AGED ABOUT 40 YEARS, OCC PUNCHER SHOP,R/O. D.NO. 14-730, GOOLINGSPETA, CHITTOOR TOWN, CHITTOOR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, Through Chittoor II Town Police Station,High court of A.P., Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of BNSS, has been filed by the Petitioner herein/Accused No.2, seeking quashment of proceedings in C.C.No.653 of 2025 on the file of the learned IV Additional Judicial Magistrate of First Class, Chittoor, for the offences punishable under Sections 3(1), 4(1), 5(1)(a) and 7(1)(a) of the PITA Act. 2. Heard Sri Suresh Kumar Kalava, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioner submits that the petitioner herein is A2 and he is no way connected to the alleged offences. Learned 2 counsel further submits that the offences alleged against the petitioner do not apply to him, as the only allegation against him is that, at the time of the raid, the petitioner was present at the spot as a customer. Therefore, the continuation of criminal proceedings against the petitioner is nothing but an abuse of the process of law. 4. Learned Assistant Public Prosecutor submits that specific allegations have been made against the petitioner, and truth or otherwise of the said allegations has to be decided during the course of trial. Therefore, she prays for dismissal of the petition. 5. A perusal of the material on record shows that, based on the search warrant issued by the Sub-Divisional Police Officer, Chittoor, the Sub-Inspector of Police, along with her staff, searched the house of A1 and found three female and four male persons therein. On their confession, it was revealed that A1 was organizing prostitution involving both men and women. The allegation made against the petitioner/A2 is that he was a customer at the said prostitution house belonging to A1. It is submitted by the learned counsel for the petitioner that the offences alleged against the petitioner under Sections 3(1), 4(1), 5(1)(a), and 7(1)(a) of the PITA Act do not apply to him, since the said provisions cannot be invoked for prosecuting persons who merely visit such premises. 3 6. For ready reference, the offences under Sections 3(1), 4(1), 5(1)(a) and 7(1)(a) of the PITA Act are extracted hereunder: “3. Punishment for keeping a brothel or allowing premises to be used as a brothel.—(1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees. 4. Punishment for living on the earnings of prostitution.—(1) Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of 1 [any other person] shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both 2 [and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years. 5. Procuring, inducing or taking 4 [person] for the sake of prostitution.—(1) any person who— (a) procures or attempts to procure a 4 [person], whether with or without his consent, for the purpose of prostitution; or 7. Prostitution in or in the vicinity of public places.—6 [(1) Any 1 [person], who carries on prostitution and the person with whom such prostitution is carried on, in any premises,— (a) which are within the area or areas, notified under sub-section (3), or (b) which are within a distance of two hundred metres of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police or magistrate in the manner prescribed” 7. A plain reading of the aforesaid sections goes to show that the punishment prescribed thereunder applies only to persons who maintain a brothel house, live on the earnings of prostitution, procure persons for prostitution, or carry on prostitution in public places. In the present case, 4 the only allegation made against the petitioner is that he was a customer at the brothel house run by A1. In these circumstances, the offences under Sections 3(1), 4(1), 5(1)(a), and 7(1)(a) of the PITA Act do not attract to the petitioner. Therefore, this is a fit case for quashment by exercising jurisdiction under Section 528 of the BNSS. 8. Accordingly, the Criminal Petition is allowed and the proceedings, in respect of petitioner herein/Accused No.2 in C.C.No.653 of 2025 on the file of the learned IV Additional Judicial Magistrate of First Class, Chittoor, are hereby quashed. Pending applications, if any, shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 02.01.2026 ASR 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.13551 of 2025 Dt.02.01.2026 Asr