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1998 Supreme(Ker) 536

D.SREEDEVI
P. K. Anthumayi – Appellant
Versus
The State of Kerala – Respondent


Judgment :-

This Cri. M.C. has been filed by the petitioners to quash Annexures A-1 and A-2 in S.T.C. No. 2745 of 1995 of the Judicial First Class Magistrate-I, Hosdrug in Crime No. 272 of 1995 of the Hosdrug Police Station. The first petitioner is a fish-monger by profession. Petitioners 2 to 9 are also engaged in the business of fishing. They were charged for offences punishable under sections 7 and 8 of the Kerala Gaming Act. Annexure A-1 is the first information report in Crime No. 272 of 1995, and Annexure A-2 is the charge against them.

2. The prosecution case is that on 16-5-1995 at about 3.10 p.m. the petitioners were found playing cards in Room No. XI/172 belonging to the first petitioner and hence committed offences under sections 7 and 8 of the Kerala Gaming Act. Annexure A-2 is the charge-sheet filed against the petitioners. According to the petitioners, even as per the first information report and charge-sheet the petitioners were found playing cards in a private building, which is in the exclusive possession of the first petitioner. Hence, it is submitted by Mr. Ramesh Chander, learned counsel for the petitioners, that Sections 7 and 8 of the Kerala Gaming Act has no











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