THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14887 OF 2025

ORDER :

This Criminal Petition is filed by the petitioner/accused No.1 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the proceedings against him in C.C.No.3776 of 2025 on the file of the learned VI Additional Junior Civil Judge-cum-VI Additional Judicial Magistrate of First Class, Ranga Reddy District, at L.B. Nagar, registered for the offences punishable under Sections 3 and 4 of Telangana State Gaming Act, 1974.

2. Heard Sri Badra Nanavath, learned counsel for the petitioner as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor representing respondent No.2-State. Perused the record.

3. The brief facts, as culled out from the charge sheet, are that on 24.07.2025, respondent No.2 received information about gambling, which was in progress at Plot No.374, Vishweshwariah Engineers Colony, Hasthinapuram, Saroornagar Mandaal, Rangareddy District, and proceeded to the scene and found that the accused were playing three cards game by betting money. Therefore, the petitioner and other accused were taken into custody and also seized net cash of Rs.19,740/-, mobile phone (03) and playing cards – (01) set from the possession of the accused at the instance of Panchas. Later, the Police have registered a case against the petitioner and other accused for the aforesaid offence and filed charge sheet against them.

4. Learned counsel for the petitioner contended that a false case has been foisted against the petitioner; the police have erred in registering a case against the petitioner and consequently filed charge sheet, which is illegal and arbitrary; the Police have registered the case mechanically without conducting proper enquiry and without following any procedure laid down under the Telangana State Gaming Act and the prosecution has not produced any evidence to show that the petitioner was involved in illegal gambling. He further contended that the game of playing cards is not an offence per-se, it is an offence when it is carried on in a public place or in a common gaming house as defined under the Gaming Act and until and unless the prosecution proves that there was profit or gain by the owner or occupier of the place, the same would not come under the definition of common gaming house. It is also contended that mere playing of cards with stakes will not make the club a common gaming house as envisaged under the Gaming Act and the charge sheet do not disclose whether the premises is a gaming house or not as per Section 2(1) of the T.S. Gaming Act and if the same is not a gaming house, then the petitioner cannot be held liable under Section 3 of Telangana Gaming Act. Therefore, prayed to quash the proceedings against the petitioner.

5. On the other hand, learned Additional Public Prosecutor contended that the matter has to be decided after conducting trial by the Court below and the proceedings cannot be quashed at this juncture.

Therefore, prayed to dismiss the Criminal Petition.

6. In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, this Court is of the considered view that the alleged premises cannot be held to be a common gaming house as defined under Section 2(1) of the TS Gaming Act. Hence, the ingredients under the provisions of T.S. Gaming Act do not attract as there is no evidence to show that the alleged premises where the accused were playing three cards game by betting money. Therefore, it cannot be termed as common gaming house. Hence, the offences alleged against the petitioner are not at all attracted. In the said circumstances, the proceedings against the petitioner are liable to be quashed.

7. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.1 in C.C.No.3776 of 2025 on the file of the learned VI Additional Junior Civil Judge-cum-VI Additional Judicial Magistrate of First Class,