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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR, J
Deependra Singh Jhala – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual basis for the gambling charge. (Para 2 , 3) |
| 2. arguments against the gambling charge. (Para 5) |
| 3. statutory definitions and implications. (Para 6 , 7 , 8) |
ORDER :
1. They are heard and perused the record.
2. This petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is filed by the petitioners for quashing of FIR registered at Crime No. 937 of 2024, Police Station Dewas, District Dewas (M.P.) under Sections 3 and 4 of Gambling (Madhya Pradesh) Act, 1976 with consequential proceedings.
3. The exposition of the facts giving rise to the present petition is as under:-
(a) The Sub-Inspector Rakesh Narwariya of P.S. Kotwali received secret information on 10.11.2024 that some persons are gambling with the help of cards at Remon Sports SocietyClub, Dewas near Hotel Madani Darbar. Accordingly, a raid was planned. The police party conducted raid at Remon Sports Society Club, Dewas. The playing cards, 148 tokens and cash Rs.6,350/- were recovered and seized from the 24 persons, who were found playing card on five tables at the Remon Sports Society Club. Their statements were recorded. They informed that they had received the token in lieu of cash amount
The game of Rummy, being predominantly a game of skill, does not constitute an offense under the Public Gambling Act.
Point of Law : On the question whether the power available to the State to issue a notification under Section 14A to exempt a game, clothe it with a power to notify a game which is a game of mere ski....
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 of skill cannot be prosecuted under laws applicable to games of chance due to lack of evidence establishing the nature of the game involved.
Insufficient evidence to classify premises as a gaming house under the Telangana State Gaming Act leads to quashing of proceedings against the accused.
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