The main legal point established was that the charges under the Tamil Nadu Gaming Act were not sustainable due to the premises not qualifying as a common gaming house and the Act not being applicable at the time of the offense.

G.K. Ilanthiraiyan, J.

This quash petition is filed to quash the criminal proceedings in S.T.C.No.1218 of 2015 on the file of the Judicial Magistrate No.II, Tiruchirappalli, thereby had taken cognizance for the offences under Section 8 of Tamil Nadu Gaming Act 1938 as against A1 to A10 and for the offence under Section 9 of Tamil Nadu Gaming Act, 1930 as against A11 to 31.

2. The charges as against the petitioners are that on 17.08.2014, at about 07.00 p.m., at the New VIP Club situated in the 6th Floor within the premises of Gajapriya Hotel near Trichy Central Bus Stand, within the jurisdiction of Trichy Corporation Cantonment Police Station, the petitioners 1 to 10/A1 to A10 with an intention to gain illegally, have given the place for gaming to play 'vettu cheetu' to the petitioners 11-31/A11-31 and thereby the petitioners 1 to 10/A1 to A10 committed the offence under Section 8 of Tamil Nadu Gaming Act, 1930 and the petitioners 11to 31/A11-31 committed the offence under Section 9 of Tamil Nadu Gaming Act, 1930. The said criminal proceedings are under challenge in this quash petition.

3. The learned counsel appearing for the petitioners would raise the following grounds to quash the criminal proceedings:

(i) The learned Judicial Magistrate ought not to have taken cognizance of the offences under Sections 8 and 9 of Tamil Nadu Gaming Act, 1930, since the Act itself repealed and it is no more existence for the City of Tiruchirappalli. When the offence allegedly committed by the petitioners on 17.08.2014, the Tamil Nadu Gaming Act, 1930 is not in force and it has been substituted by the Chennai City Police (Extension to the Cities of Salem, Tiruchirappalli and Tirunelveli) Act, 1997 and hence, the Gaming Act is not applicable for the offences said to have been committed by the petitioners.

(ii) The first respondent himself is a complainant and investigating officer and it is not permissible under the criminal procedure code and also it is violation of Article 21 of Constitution of India.

(iii) The alleged place of occurrence is a hotel premises viz., Hotel Gajapriya and even as per the charge sheet, the necessary ingredients viz., running of common gaming house, which is primordial requisite for the offence are absent. Therefore, the entire charges are not at all made out as against the petitioners.

(iv) The action of the first respondent is nothing but malicious prosecution and to wreck vengeance as against the petitioners, the present charge sheet has been laid, since the New VIP Club approached this Court in W.P.(MD) No.17203 of 2014, in which, this Court restrained the police personnels with conditions.

Thus, the learned counsel appearing for the petitioners would pray for the quashment of the criminal proceedings as against the petitioners.

4. Per contra, the learned Additional Public Prosecutor would submit that the petitioners 1 to 10 are provided hotel premises viz., the sixth floor of Gajapriya Hotel, where the New VIP Club is situated to the petitioners 11 to 31 to play 'vettu cheetu' and as such, they committed offence under Sections 8 and 9 of Tamil Nadu Gaming Act, 1930. Further, he would contend that there are prima facie materials to establish that the petitioners have committed the offences as alleged by the prosecution. Thus, he prayed for dismissal of the quash petition.

5. Heard the rival submissions made on either side and perused the documents available on record.

6. Admittedly, the New VIP Club is situated in the sixth floor of hotel premises of Hotel Gajapriya near Trichy Central Bus Stand, Trichy. The said club is very familiar in Trichy and it is a registered club under the Societies Registration Act bearing Reg.No.95/96. Its main object is to promote the sports activities both indoor and outdoor games for the benefits of its members. The activities of the Club is in accordance with the provisions and bye-laws of the Society. As per the bye-laws of the Club, the indoor games such as Tennicoit, Shuttle C