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2018 Supreme(Ker) 1492

K.ABRAHAM MATHEW
Appukuttan – 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. The petitioners are the accused in ST No. 2423 of 2017 on the file of the Judicial First Class Magistrate Court-III, Palakkad registered for the offences under Sections 7 & 8 of the Karala Gaming Act. The proceedings are sought to be quashed on the ground that the facts of the case do not attract the offences.

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

4. The allegation against the petitioners is that in a club they were found playing rummy. The police seized cash 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 game entirely of chance. It requires certain amount of skill and it is not a game of entire chance. In the light 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 ST No. 2423 of 2017 on the file of the Judicial First Class Magistrate Court-III, Palakkad are q


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