ORDER :

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, by the petitioners – accused Nos.6 and 7 to quash the proceedings in C.C.No.199 of 2016 pending on the file of the learned III Additional Judicial First Class Magistrate, Kothagudem, against them and the cognizance of which was taken for the offences under Sections 3 and 4 of Andhra Pradesh Gaming Act, 1974 (Telangana Gaming Act, 1974) (for short ‘the Gaming Act’).

2. The facts in brief as can be gathered from the record available before this Court are as under:

(a) On 30.05.2016 at 11.00 PM, Sub-Inspector of Police, III Town Police Station, Kothagudem, received credible information that some persons have been playing cards in an abandoned Railway Quarter bearing No.18/3, Kothagudem. On that, he rushed to the scene of offence along with mediators after obtaining necessary permission from his superiors. On entering into the said premises, they found that gambling was going on and all eight persons were playing cards by staking amount.

(b) On interrogation, all the accused have confessed that they committed offences. Confession Statement has been recorded in the presence of mediators. All of them have confessed that one Jara Sreenivasu-Accused No.1 has called his friends (A-2 to A-8) to come to the condemned Railway Quarter for playing cards by betting money. They found Rs.2,200/-. He has taken all the accused to Police Station along with confession statement and basing on the said confession statement, a case has been registered in Crime No.149 of 2016 and investigation is taken up by the Inspector of Police. Statements of witnesses were recorded and on completion of investigation, charge-sheet is filed under Sections 3 and 4 of A.P.Gaming Act. The total amount seized from accused Nos.1 to 7 was Rs.13,930/-, 52 playing cards and four mobile phones are also seized under the cover of panchanama.

3. Aggrieved by taking the cognizance against petitioners-accused Nos.6 and 7, this petition is filed on the ground that no offence is made out against them as there is no mention of the opening of a common gaming house and none of the accused persons was the owner of the condemned railway quarter and thus, sought quashment of proceedings in C.C.No.199 of 2016 against them.

4. Heard learned counsel for the petitioners as well as learned Assistant Public Prosecutor, who represents respondent No.1-State. Perused the record.

5. Now the point for determination is:

“Whether the proceedings against petitioner-accused Nos.6 and 7 in C.C.No.199 of 2016 pending on the file of the learned III Additional Judicial First Class Magistrate, Kothagudem, can be quashed under Section 482 of the Code of Criminal Procedure?”

6. On the allegation that the petitioners-accused Nos.6 and 7 along with other accused have found playing Cards at the condemned Railway Quarters bearing No.18/3, Kothagudem, they were charged for the offences under Sections 3 and 4 of the Gaming Act. In order to fasten the criminal liability under Section 4 of the Gaming Act, the prosecution is expected to allege and place material that they were found playing Cards in gaming house as defined under Section 3 of the Gaming Act.

7. Section 3 of the Gaming Act, reads as under:

3. Penalty for opening, etc., a common gaming house – 1[(1) Any person who opens, keeps, operates, uses or permits to be used any common gaming house or online gaming or conducts or assists in conducting the business of any common gaming house or advances or furnishes money for gaming therein, shall be punishable –

(i) For the first offence, with imprisonment for a term which may extend to one (1) year and with fine which may extend to Rs.5,000/- (Rupees Five Thousand only); but in the absence of special reasons to be recorded in writing, the punishment awarded under this clause shall be imprisonment for not less than three (3) months and fine of not less than Rs. 3,000/- (Rupees Three Thousand only);

(ii) For every subsequent offence, w