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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI
Mohd. Ashraf Hussain – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/ accused No.1 to quash the proceedings against him in C.C. S.R.No.2889 of 2023 pending on the file of XVII Additional Chief Metropolitan Magistrate, Nampally (arising out of FIR No.432 of 2022 of P.S. Golconda), registered for the offences under Sections 3 and 4 of the Telangana State Gaming Act, 1974 (for short ‘Act’).
2. Heard Sri S.Ganesh, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State and perused the record.
3. The case of the prosecution, in brief, is that accused Nos.1 to 28 played the game of cards by betting money in a common gaming house i.e., premises bearing H.No.8-1-68/50/C/54, 55, Vinayakanagar, Shaikpet, Golconda, Hyderabad. Hence, accused Nos. 1 to 28 were arrested and an amount of Rs.49,01,378/- was seized from the possession of accused No.1.
4. Learned counsel for petitioner submitted that though the petitioner is in no way concerned with the offences alleged, the Police have foisted the present complaint against him with all false allegations, without followi
Insufficient evidence to classify premises as a gaming house under the Telangana State Gaming Act leads to quashing of proceedings against the accused.
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.
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