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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Muthukrishnan – Appellant
Versus
State, rep. by The Inspector of Police, Arimalam Police Station, Thirumayam Thaluk, Pudukkottai District – Respondent
| Table of Content |
|---|
| 1. overview of fir and club activities (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioners' lawful activities and police interference (Para 6 , 7 , 8) |
| 3. gaming law principles and court analysis (Para 9 , 10 , 11 , 12) |
| 4. court's decision to quash fir (Para 13 , 14) |
ORDER :
K. MURALI SHANKAR, J.
The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to call for the records pertaining to the FIR in Crime No.88 of 2024 dated 14.08.2024 pending on the file of the Inspector of Police, Arimalam Police Station, Thirumayam Taluk, Pudhukottai District and quash the same.
2. The petitioners are the accused 1 to 3 in Crime No.88 of 2024 for the alleged offences under Sections 8 and 9 of the Tamil Nadu Gaming and Police Laws Act 1930 (Amendment 2021).
3. The case of the prosecution is that on 14.08.2024, when the respondent police were on patrol duty in the areas of Ettam Mandakapadi, Meenakshipuram and Santhaipettai, they received a confidential information about gambling activities taking place at Evergreen Recreation Club located behind Perumal Temple in Arimalam Santhaipettai and that the respondent police, after informing to the jurisdictional Magistra
Gaming is not an offense per se unless conducted in a common gaming house for profit; evidence did not support such circumstances for the petitioners.
Gaming is not an offence per se, but is punishable only when carried out in a public place for commercialization purposes and in a common gaming house with a profit motive.
Profit or gain is a requisite for running a common gaming house under the Tamil Nadu Gaming Act, and gaming is not an offense per se.
Games classified as skill-based cannot attract gambling-related offences if no betting is proven.
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