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2018 Supreme(Ker) 1489

K.ABRAHAM MATHEW
Bhaskaranunni – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Nireesh Mathew
For the Respondent: Sr. Government Pleader (Alex M. Thombra)

ORDER :

Petition filed under Section 482 Cr.P.C.

2. Petitioners are the accused in Crime No.1248 of 2017 of Town South Police Station, Palakkad. They have allegedly committed the offences under Sections 7 and 8 of the Kerala Gaming Act. The FIR is sought to be quashed on the allegation that the facts of the case do not attract the offence.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4. The allegation against the petitioners is that in a club they were found playing Rummy. The police seized Rs.2,66,730/- from them. Section 14 of the Kerala Gaming Act provides that nothing in the Act shall be held to apply to any game of mere skill wherever played. In State of A.P v. K. Sathyanarayana and Others (AIR 1968 SC 825) the Supreme Court held that the game of Rummy is not a came entirely of chance. It requires certain amount of skill and it is not a game of entire chance. In the light of this decision it is only to be held that the FIR registered against the petitioners is not maintainable.

In the result, this Crl.M.C is allowed. The proceedings in Crime No.1248 of 2017 of Town South Police Station, Palakkad are quashed. If any material objects have been p


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