IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(MEMORANDUM OF CRIMINAL PETITION FILED U/S.482 OF CR.PC.)

CRL.P.No. OF 2023

BETWEEN:
Sandeep Paswan S/oSubash Paswan, Age :25 years,
Occ:-Labour, R/o.10-1-142/1, Chintalbasti,
Khairtabad, Hyderabad.
....Petitioner/Applicant
AND

1. The State of Telanagana,Rep.by its

Public Prosecutor, High Court at Hyderabad.

2. Anjila Kumari W/o.Sandeep Paswan, D/o. Angru Paswan,

Aged about 23 years, Occ:House Wife, R/o. 10-1-142/1,
Chintalbasti, Khairtabad, Hyderabad.
N/o.Madhumani District, Bihar.
...Respondents
The address for service of all notices and process on the abovenamed
Appellant is that of his counsel, Kiran Kumar b (17272), Advocate, Plot
No.410, Road No.22, Jubilee Hills, Hyderabad-500033.

The above name Petitioner/Applicant wish to submit this memorandum

of criminal petition filed under Sec.482 of Cr.P.C. to release the Petitioner’s

wife namely Anjila Kumari W/o.Sandeep Paswan, D/o. Angru Paswan, Aged

about 23 Victim No.3/LW-3, from unknown rescue home for women and

handover her to the Petitioner for safe custody in Crimine.No.42/2023,

Banjarahills Police Station on the file of the Hon’ble IIIrd Additional Chief

Metropolitan Magistrate at Nampally, Hyderabad.

BRIEF FACTS OF THE CASE ARE:

The case of the prosecution is that, This is a case of 'Buying or

disposing of any person as a slave & running a brothel house' where in the
accused Al) Sharif Suleman Shaikh running the brothel house at H.No.8-2-
618/2/2, Ahmed Diary Building, 1st floor, Road No. 11, Banjara Hills,
Hyderabad with the help of A2) Mohammed Hanif Shaikh A3) Shemali
Madhavi, that Al used call the customers, who are known to him to participate
sex with sexual workers, Al used to pay Rs.1,000/- to sexual workers per
customer and used to collect Rs.3,000/- from each customer and earning easy
money by doing prostitution. On receipt of credible information LW-1 along
with LWs.8 & 9 raided the brothel house on 10-01-2023 at 1845 hours and
apprehended Al to A3 along customers A4 & A5 and rescued the
victims/sexual workers LWs.2 to 5. The Place of offence falls under the limits
of P.S. Banjara Hills, Hyderabad.

1. It is submitted that Petitioner is the Husband of the Victim No.4 in

Crime No.42.2023, Registered by Banjarahills Police Station Hyderabad.

Petitioner is the and his wife got married in the Year 2017 and since then they

are living their marital life happily without any disturbance and out of their

wedlock, they are blessed with a baby boy who is about 4 years old.

2. It is submitted that Petitioner along with Victim No.3/LW-3 along with

his parents migrated to Hyderabad in the year year 2022 about 10 month

back, from the state of Bihar. Since then, all together are living there peaceful

and happy life. In order to lead their lives Petitioner and his parents used to do

daily wage construction work and used to live their lives in dignified manner.
3. It is submitted that Victim No.3/LW-3, recently, from past about 8

months, started working as a sweeper cum helper in Banjarahills after

convincing the Petitioner and his family. Petitioner with a trust on Victim

No.3/LW-3 never though that she will be involved in the work of prostitution.

Petitioners family and Victim No.3/LW-3 are poor people who lead their lives

by doing hard work and daily wage works. But, when Petitioner on

11.01.2023 received the information that Victim No.3/LW-3 was taken in to

the Custody of the Respondent for getting involved in prostitution, he and his

parents were shocked to know the same.

5. It is submitted that after receiving such information Petitioner tried to

enquire whereabouts of the 2nd Respondent, but unfortunately being

uneducated and poor People they could not know where the Respondent is

placed. Petitioner and his family believe that 2 nd Respondent must have

wrongly got involved in to this crime and she must have been wrongly

influenced at her working place. Therefore Petitioner want to seek the

Custody of his Wife 2nd Respondent from the Rescue Home for Women or

from wherever the 2nd Respondent was given custody on request of the 1st

Respondent.

GROUNDS

1. It is most respectfully submitted that, the Hon’ble High Court of Bombay

in 2020 SCC OnLine Bom 954 Decided On: 24.08.2020 in Kajal Mukesh
Singh v. State of Maharashtra held in para 30 that “victims being major,
 their fundamental rights to move from one place to another place or to
reside at a place of their choice and choose their vocation has to be
considered. They cannot be subjected to unnecessary detention contrary to
their wish and should be asked to reside in the corrective institution. This
Hon’ble Court in Criminal Petition No.4082 of 2022 handed over the
custody to the father of the Victim from Rescue Home who was kept under
the custody against her will.

2. Article 21 of the Constitution of India envisages that the Sate shall not
deny the life or personal liberty of any citizen except according to the
procedure established by law. The term “personal liberty” is sacrosanct
and the victim woman cannot be equated with the accused. Her liberty
cannot be curtailed without justifiable grounds and good cause.

3. Wife of the Petitioner was kept under the Custody of Rescue Home for
Women without giving us proper information and it must be against her
will the 1st Respondent asked and kept her under their Custody.
Petitioner’s wife is known beautician related works and she is having a
hard working nature but due to some bad influence she was involved in
prostitution activities.

4. It is submitted that neither the family of Petitioner nor the 2nd Respondent
having any Criminal History in the past. Because of this unfortunate
involvement in the crime, she was kept under the unknown requested
custody of the 1st Respondent.

5. It is submitted that none of the alleged offences under sections U/Sec. 17

of Prevention of Immoral Traffic Act 1956, 2 nd Respondent cannot be kept
under the custody without asking for her will to reside in a particular
place, which is causing unreasonable hardship and mental agony to the
 petitioner and his family, apart from being unfair, contrary to the interest
of justice and tantamount to abuse of the process of law. The Petitione
further craves leave of this Hon’ble Court to urge other grounds at the time
of hearing.

6 It is therefore humbly prayed that this Honble Court may be pleased to

release the Petitioner’s wife namely Anjila Kumari W/o.Sandeep Paswan,
D/o. Angru Paswan, Aged about 23 Victim No.3/LW-3, from unknown
rescue home for women and handover her to the Petitioner for safe custody in
Crimine.No.42/2023, Banjarahills Police Station on the file of the Hon’ble
IIIrd Additional Chief Metropolitan Magistrate at Nampally, Hyderabad by
quashing the Custody of the 2nd Respondent to the unknown rescue home for
women and Pass such other order or orders as this Hon’ble Court may deem
fit and proper in the circumstances of the case.

7 It is also necessary in the interests of justice that this Hon’ble Court

may be pleased to dispense with the filing of the certified copy of the
F.I.R.No.42 of 2023, dated 10.01.2023 of P.S., Banjara Hills, Hyberabad
District, Telangana and pass such other order or orders as are deemed fit and
proper in the circumstances of the case.

8 It is further prayed that this Hon’ble court may be pleased to release the
Petitioner’s wife namely Anjila Kumari W/o.Sandeep Paswan, D/o. Angru
Paswan, Aged about 23 Victim No.3/LW-3, from unknown rescue home for
women and handover her to the Petitioner for safe custody in
Crimine.No.42/2023, Banjarahills Police Station on the file of the Hon’ble
IIIrd Additional Chief Metropolitan Magistrate at Nampally, Hyderabad in the
interest of Justice, pending disposal of the above Criminal petition and pass
such other order or orders as are deemed fit and proper in the circumstances
of the case.
Place:-Hyderabad
Dt:- 28 /01/2023 Counsel for the Petitioner
 District: Hyderabad

IN THE HIGH COURT FOR THE STATE OF

TELANGANA AT HYDERABAD

Crl.P. NO. OF 2023

Sandeep Paswan

………….Petitioner 

And

The State of Telangana & Another

..Respondents

QUASH PETITION

Filed By:

Kiran Kumar B (17272)

ADVOCATE
Counsel For The Petitioner
 District: Hyderabad

IN THE HIGH COURT FOR THE STATE OF

TELANGANA AT HYDERABAD

Crl.P. NO. OF 2023

Sandeep Paswan

………….Petitioner 

And

The State of Telangana & Another

…..Respondents

DIRECTION PETITION

Filed By:

Kiran Kumar B (17272)

ADVOCATE
Counsel For The Petitioner
 IN THE HIGH COURT FOR THE
STATE OF TELANGANA AT
HYDERABAD

 CRIMINAL PETITION

Crl.P.No. OF 2022

District: Hyderabad

Counsel for Petitioner 

Kiran Kumar B (17272)
NATURE OF APPLICATION

(UNDER SEC. 482 Cr.P.C.)

The Hon’ble High Court may be

pleased to pleased to release the
Petitioner’s wife namely Anjila Kumari
W/o.Sandeep Paswan, D/o. Angru
Paswan, Aged about 23 Victim
No.3/LW-3, from unknown rescue home
for women and handover her to the
Petitioner for safe custody in
Crimine.No.42/2023, Banjarahills Police
Station on the file of the Hon’ble IIIrd
Additional Chief Metropolitan
Magistrate at Nampally, Hyderabad by
quashing the Custody of the 2nd
Respondent to the unknown rescue
home for women and Pass such other
order or orders as this Hon’ble Court
may deem fit and proper in the
circumstances of the case and pass such
other order or orders may deem fit and
proper in the circumstances of the case.
PRESENTED ON:  

 REPRESENTED ON:

 FILED ON:  
 IN THE HIGH COURT FOR THE STATE
OF TELANGANA AT HYDERABAD

 CRIMINAL PETITION

Crl.P.No. OF 2022

District: Hyderabad

Counsel for Petitioners 

Kiran Kumar B (17272)
NATURE OF APPLICATION

(UNDER SEC. 482 Cr.P.C.)

The Hon’ble High Court may be

pleased to dispense with the filing of the
certified copy of the F.I.R.No.42 of
2023, dated 10.01.2023 of P.S., Banjara
Hills, Hyberabad District, Telangana
and pass such other order or orders as
are deemed fit and proper in the
circumstances of the case.

PRESENTED ON:  

 REPRESENTED ON:

 FILED ON:
 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD

(MEMORANDUM OF CRIMINAL PETITION FILED U/S.482 OF CR.PC.)

CRL.P.No. OF 2022

BETWEEN:

Sandeep Paswan
………….Petitioner 
And

The State of Telangana & Another

……..Respondents
 
Sl. Exhibit Description of Date of Date of Page
Document Document filing of
No. No.
Document

1.   Criminal Petition  

2.   F.I.R.No.42/2023   -do-
along with remand
case diary
3.   Kajal Mukesh   -do-
Singh v. State of
Maharashtra

4.   Criminal Petition   -do-  

No.4802 of 2022

6.   Vakalath     

 DATE:  
Hyderabad Counsel for the Petitioner 
 IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD

(MEMORANDUM OF CRIMINAL PETITION FILED U/S.482 OF CR.PC.)

CRL.P.No. OF 2022

BETWEEN:

Sandeep Paswan S/oSubash Paswan, Age :25 years,

Occ:-Labour, R/o.10-1-142/1, Chintalbasti,
Khairtabad, Hyderabad.
...Petitioner/Appellant

AND

1. The State of Telanagana,Rep.by its

Public Prosecutor, High Court at Hyderabad.

2. Anjila Kumari W/o.Sandeep Paswan, D/o. Angru Paswan,

Aged about 23 years, Occ:House Wife, R/o. 10-1-142/1,
Chintalbasti, Khairtabad, Hyderabad.
N/o.Madhumani District, Bihar.
...Respondents

For the reasons stated in the accompanying quash petition grounds filed in
support of the above criminal petition, it is therefore prayed that this Hon'ble
Court may be release the Petitioner’s wife namely Anjila Kumari
W/o.Sandeep Paswan, D/o. Angru Paswan, Aged about 23 Victim No.3/LW-
3, from unknown rescue home for women and handover her to the Petitioner
for safe custody in Crimine.No.42/2023, Banjarahills Police Station on the
file of the Hon’ble IIIrd Additional Chief Metropolitan Magistrate at
Nampally, Hyderabad and pass such other order or orders as are deemed fit
and proper in the circumstances of the case.

DATE:28.01.2023
Hyderabad Counsel For Petitioner
IN THE HIGH COURT FOR THE STATE OF TELANGANA
 AT HYDERABAD

(MEMORANDUM OF CRIMINAL PETITION FILED U/S.482 OF CR.PC.)

CRL.P.No. OF 2022

BETWEEN:

Sandeep Paswan S/oSubash Paswan, Age :25 years,

Occ:-Labour, R/o.10-1-142/1, Chintalbasti,
Khairtabad, Hyderabad.
...Petitioner/Appellant

AND

1. The State of Telanagana,Rep.by its

Public Prosecutor, High Court at Hyderabad.

2. Anjila Kumari W/o.Sandeep Paswan, D/o. Angru Paswan,

Aged about 23 years, Occ:House Wife, R/o. 10-1-142/1,
Chintalbasti, Khairtabad, Hyderabad.
N/o.Madhumani District, Bihar.
...Respondents

For the reasons stated in the accompanying quash petition grounds filed in
support of the above criminal petition, it is therefore prayed that this Hon'ble
Court may be pleased to dispense with the filing of the certified copy of the
F.I.R.No.42 of 2023, dated 10.01.2023 of P.S., Banjara Hills, Hyberabad
District, Telangana and pass such other order or orders as are deemed fit and
proper in the circumstances of the case.

DATE:02.02.2023
Hyderabad Counsel For Petitioner
 IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD

SPECIAL ORIGINAL/APPELLATE JURISDICTION

CRLP.No. of 2022
Between
Uppunuthala Savithri & others
___ ….Petitioners
AND

The State of Telangana & Another

___ Respondents
We, the undersigned, the Petitioners/Respondent/Appellant in the above
Petition/ Application /Appeal do hereby appoint and retain:

Mr.Kiran Kumar.B (17272)

Advocate
Advocate of the High Court to appear petitioners/respondents/ appellants in
the above Petition/Application/Appeal and conduct and prosecute (or defend)
the same and all proceedings that may be taken in respect or any application
connected with the same or any decree or order passed thereon, including
applications for return of documents or the receipt of any moneys that may be
payable to me/us in the said Petition/Application/Appeal and also to appear in
all applications under Clause XV of the Letters Patent and in all applications
for review and for leave to the Supreme Court of India in all applications for
review of Judgment.

I certify that the contents of this Vakalat were read over and explained in
(Telugu) in my presence to the executant or executants who appeared and
perfectly understood the same and made his/her/their signatures or marks in
my presence.

Executed before me on this 22nd Day of December 2022.

Advocate-Hyderabad
 HYDERABAD DISTRICT

IN THE HIGH COURT FOR

THE STATE OF TELANGANA AT
HYDERABAD

(MEMORANDUM OF
GROUND OF CRIMINAL
PETITION FILED UNDER
SECTION 482 OF CR.P.C)

CRL.P. No. OF 2023

Sandeep Paswan

... Petitioner/Accused

AND

The State of Telangana &

another

. . Respondents/Complainant

DISPENSE WITH PETITION

Filed on: 02.01.2023

Filed By:
Kiran Kumar B (17272)
Advocate
Counsel For The Petitioner