The game of Rummy, being predominantly a game of skill, does not constitute an offense under the Public Gambling Act.

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 and they were playing rummy game by betting on the cards. The P.S. Dewas registered FIR at Crime No.937 of 2024 for the offence punishable under Sections 3 and 4 of the Public Gambling Act, 1867 against 24 accused, who were found playing card game rummy by betting through tokens. Ashok Lakhwani, Director of Remon Sports Society Club and Babla @ Izhar Ali were also apprehended. They informed that they provided coloured tokens in lieu of cash to the customers, who were playing card game rummy by betting through these tokens. On completion of investigation, the final report was submitted before the Chief Judicial Magistrate, Dewas. The trial is underway.

4. The impugned FIR is assailed in present petition on following grounds:-

(i) There is no material to show that the petitioners were playing any game of chance.

(ii) As alleged, the petitioners were playing rummy which is a game of skill and does not constitute any offence under the Public Gambling Act. Even if the petitioners were playing a skill-based game with money at stake, no offence is made out under the Public Gambling Act (the Madhya Pradesh amendment ) Act, 1976.

(iii) The prosecution is mala fide. The offence has been registered due to enmity between the present and former members of the Society.

5. On these grounds, it is requested that the impugned FIR be quashed.

6. The Public Gambling Act, 1867 (with Madhya Pradesh amendments) defines "Common gaming-house”, Gaming” and “Instrument of Gaming” as under:-

“Common gaming-house" means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, room or place, or otherwise howsoever.

“Gaming” includes wagering or betting but does not include a lottery. Any transaction by which a person in any capacity whatever employs another in any capacity whatever or engages for another in any capacity whatever to wager or bet with another person shall be deemed to be 'gaming'.

The collection or soliciting of bets receipt or distribution of winnings or prizes in money or otherwise in respect of wagering or betting or any act which is intended to aid or facilitate wagering or betting or suchcollection, soliciting, receipt or distribution shall also be deemed to be 'gaming'.

“Instruments of gaming” - The expression “Instruments of gaming” includes any article used or intended to be used as a subject or means of gaming, any document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming and any winnings or prizes in money or otherwise distributed or intended t