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 Commissioner of Police, Gopalapuram Division, Secunderabad for raiding the above mentioned premises; that immediately, de facto complainant summoned two mediators and drafted search proceedings in their presence along with his staff, panchas, proceeded to the above spot and raided the above said premises. After serving copy of search proceedings under Section 165 of Cr.P.C. to accused No.1, respondent No.2 entered the premises and found that four (4) persons were playing cards; that they disclosed their identities as accused Nos.2 to 5 and allegedly they have been playing three card game by betting money which is a game of chance. On inquiry it is revealed that accused No.1 is organizing and using the house as gaming house and apprehended the petitioners along with ceased total net cash of Rs.20,370/-, two (2) cell phones, fifteen (15) play cards and requested to take necessary legal action. Upon receipt of the said complaint, the Police personnel of P.S. Chilkulguda registered crime in F.I.R.No.35 of 2021 and subsequently, charge sheet was filed vide C.C.No.2650 of 2021 on the file of the trial Court for the offences punishable under Sections 3 & 4 of the Telangana State Gaming Act, 1974.

4. Learned counsel for the petitioners submits that the petitioners are falsely implicated by LW-10/Investigating Officer, in order to wreak vengeance for illegal gains by distorting actual facts; that as per the settled preposition of law laid down by the Hon’ble Supreme Court and various High Courts, ‘gaming’ muchless playing card itself is not an offence as per the Gaming Act, but it is punishable only when the same is played or organized in a ‘Common Gaming House’ and not otherwise.

5. He states that in the case on hand, residence of accused No.1 is maliciously shown and described as ‘Common Gaming House’ which term, is absolutely misplaced from actual fact and far away from truth; that the police personnel, in order to settle their score with petitioners herein in particular with petitioner No.2, who is a practicing Advocate, mentioned the residential house as ‘Common Gaming House’.

6. He further contends that as per panchanama and charge sheet, the police personnel have recovered only (15) cards; that in order to establish a card game, the instrument for gaming is pack of playing cards (52) in number and that no card game muchless three (3) card game can take place with (15) playing cards. He further submits that in similar set of circumstances, this Court vide order dated 28.03.2025 in Crl.P.No.15822 of 2024, order dated 26.09.2022 in Crl.P.No.9687 of 2016 and order dated 25.10.2024 in Crl.P.No.10830 of 2024 quashed the proceedings against the petitioners therein. Hence, relying the aforecited decisions, he seeks to quash the impugned proceedings.

7. Learned Assistant P