PADMANABHAN
KUNHIKANNAN – Appellant
Versus
ASST. SUB INSPECTOR OF POLICE – Respondent
1. This is a petition filed by six persons under S.482 of Code of Criminal Procedure praying that Annexure-A3 charge in Crime No. 237 of 1984 of the Cannanore Town Police Station pending before the Judicial Second Class Magistrate. Cannanore for offences punishable under S.7 and 8 of the Kerala Gaming Act (Act 20 of 1960) may be quashed. The allegation is that on 9-6-1984 at about 10.45 p.m. 8 persons including petitioners 1 to 6 were found playing cards with money for profit inside a room in a private building attached to the theatre belonging to the first petitioner and used as a residence. The Asst. Sub Inspector of Police searched the room. arrested them and registered the crime. Annexure-Al is the scene mahazar and Annexure-A2 is the F.I.R. The grounds alleged for quashing the charge are absence of necessary ingredients constituting the offence and violation of mandatory statutory formalities.
2. It is true that S.482 of the Code is a provision intended to be used in cases of grave and clear injustice in order to give effect to orders under the Code. prevent abuse of process of court or otherwise to secure the ends of justice. when no other specific provision is ava
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