THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.5963 OF 2021

O R D E R:

This Criminal Petition is filed under Section 482 of Cr.P.C.

seeking quashment of proceedings against petitioners/accused Nos.1 to 5 in C.C.No.2650 of 2021 on the file of the learned X Additional Chief Metropolitan Magistrate, Secunderabad (for short, “the trial Court”) for the offences punishable under Sections 3 & 4 of the Telangana State Gaming Act, 1974 (for short, “the Act”).

2. Heard Mr.Shaik Ahmed Ali, learned counsel representing Mr.Mirza Nisar Ahmed Baig Nizami, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State.

3. The brief facts of the case are that on 19.01.2021 respondent No.2/de facto complainant, who is the Sub-Inspector of Police filed a report stating that on 19.01.2021, he received information that accused No.1 is organizing and accepting a three card game which is a game of chance at his residence bearing H.No.11-1-13 & 184, Padmavati Residency, Sitaphal Mandi, using the premises as common gaming house; that on believing the information to be true, he obtained an authorized memo from the Assistant Commissio