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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
VIVEK RUSIA, J.
Achal Ramesh Chaurasia - Applicant
Vs.
The State of M.P. & Others - Respondents
M.Cr.C. No. 20916 of 2017
Decided On : 13-08-2018
GAMBLING - Quashing of FIR - Indian Penal Code - Sections 420, 465, 468, 470, 120B - Summary of Acts and Sections: The court discussed the provisions of the Indian Penal Code related to cheating, forgery, and criminal conspiracy, particularly focusing on the definition of gaming, gaming house, and gaming instruments. The court also considered the principles governing the exercise of inherent power under Section 482 of the Cr.P.C. for quashing criminal proceedings.
Fact of the Case:
The petitioner sought quashment of an FIR related to gambling activities through online games. The petitioner, a director of a private company, claimed that the games were purely for amusement and entertainment, and no material was collected against the petitioner.
Finding of the Court:
The court analyzed the legal position regarding the exercise of jurisdiction under Section 482 of Cr.P.C. and emphasized the need to prevent abuse of the process of the court. The court also considered the principles laid down by various judgments in determining the scope of exercising inherent power to quash criminal proceedings.
Issues: The court addressed the issue of whether the allegations in the FIR disclosed a cognizable offense and whether the exercise of inherent power under Section 482 of Cr.P.C. was justified to prevent abuse of the process of the court.
Ratio Decidendi: The court held that the power under Section 482 of Cr.P.C. should be exercised sparingly and only when the allegations, if proved, make out a prima facie offense. The court also emphasized the need to prevent abuse of the process of the court and secure the ends of justice.
Final Decision: The court dismissed the petition, stating that the allegations and material available on record showed that the petitioner had designed the game in such a way that there would be no chance of winning by the player, and the money was being siphoned to the company. The court concluded that it was not a fit case to exercise the power under Section 482 of the Cr.P.C. to quash the FIR.
1. The petitioner has filed the present petition under Section 482 of the Cr.P.C seeking quashment of FIR registered under the Crime No. 12/2016 420, 465, 468, 470 read with Section 120 B of Indian Penal Code at P.S. Crime Branch, Indore.
2. During pendency of this petition, investigation has been completed and final report has been filed.
3. The Officer in Charge of Crime Branch Police Station received an information that Rafik Tention, Shahid Ranga and Dhiraj Yadav are indulging into gambling activities through online games at Anand Bajar, Opposite Canara Bank, Palasia, Indore. They are cheating with dishonest intention to the people by luring them to win Rupees 9 against Rupee 1 and Rupees 36 against Rupee 1. In order to enquire, the team of Crime Branch visited the spot and arrested the accused and registered an FIR No. 12 of 2012 under Sections 420, 465, 468, 470 read with Section 120 B of Indian Penal Code. The Police recorded the statements of the aforesaid accused persons and also made Mr. Rahul Chaurasia and present petitioner as co-accused in the FIR.
4. According to the petitioner, he is a Director of Private Limited Company incorporated under the provisions of Indian Companies Act, 1956 having its registered office at Flat No. 2701 C, Lodha Belismo Delie Road, Mumbai. The Company is registered in the name of “Gameking Pvt. Ltd.”. The Memorandum of Association of the Company is filed as Exhibit C along with present M.Cr.C. The company is engaged in manufacturing of amusement Video Game machines, designing and providing software and gaming solutions both online and offline. The Company is ISO 9001 certified company carrying on its business since the year 1991. The said company, in the course of its business providing software and technological support to run the Video Games both online and offline to various parties viz. Card games, Rummy, Five Cards India Poker, Skill Wheel Game etc. The said games can be played at cyber cafe, Video Parlours or even at home through mobile or computer. The player is require to obtain an online account and thereafter, he can download the game from the website of the company or he can play the same either at cyber cafe, video parlour, or can download on his computer, i-Pad or mobile phone. According to the petitioner, all the games are voluntary in nature and no one is compelled to play the games and all the games are purely for amusement and entertainment. The company only charges to give ID and the person playing the game gets points after winning stage by stage.
5. The petitioner has granted various franchises agreement to various Cyber Cafes and Video Parlours and as per Clause 8.3 of the agreement, the points won by the members in the Gameking Games section are to be used by them for surfing or playing more games. These points do not have any cash value, but a member can gift the same to other member.
6. The petitioner has been made accused only on the basis of statements recorded under Section 27 of the Indian Evidence Act. No material has been collected against the petitioner. In support of his case, the applicant has placed reliance over the letter dated 27.02.2017 written by the DIG (Complaints), Headquarter Bhopal by which he has advised for filing of closure report.
7. Learned counsel for the petitioner has also placed reliance over the judgement passed by the High Court of Judicature at Bombay in Criminal Application No. 911/2012, decided on 12.12.2012 in which similar FIR has been quashed. Relevant portion of the aforesaid judgement is reproduced below:
“3. The applicant Achal or his Company entered into franchisee agreement with Original Accused No.5 – Sudhir Hegde for providing franchisee of his chain of cyber cafes. An Internet Cafe was allegedly conducted by Original Accused No.5 under the name and style Royal Video Game at Bandra (West), which was raided by the Respondent on 09.05.2011.
4. Considering the limited role of the Applicant to be a Director of supply of t
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