THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11456 of 2025

ORDER:

This criminal petition is filed seeking to quash the proceedings in C.C.No.9542 of 2022 on the file of II Additional Chief Judicial Magistrate at Hyderabad, against the petitioners- accused Nos.1 and 2, for the offences under Sections 3 and 4 of the Telangana Gaming Act, 1974 (for short ‘Act’).

2. Heard Mr.Abdul Kabeer, learned counsel for petitioners and Smt.S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3. The case of the prosecution in brief is that on 11.10.2022, upon receiving credible information, officers from Abid Road Police Station, Hyderabad proceeded to H.No. 5-8-599/C, Mubarak Bazaar Lane, Abids. There, they observed accused Nos. 1 and 2 engaging in online cricket betting. Basing on the same, a case in Crime No.281 of 2022 was registered against the petitioners. After completion of investigation, charge sheet was filed, cognizance was taken and the case was numbered as C.C.No.9542 of 2022 for the aforesaid offences.

4. Learned counsel for the petitioners submits that the petitioners are innocent of the offences alleged against them and that they were falsely implicated in the case by the police without any cogent evidence, with the intention of harassing them. He further submits that there is no material to show that the petitioners were present at those premises or were involved in illegal betting. Hence, the offences alleged against the petitioners are not made out, and the proceedings against them ought to be quashed.

5. On the other hand, learned Additional Public Prosecutor submitted that there are specific allegations against the petitioners and the truth or otherwise of the allegations levelled against the petitioners can only be known after conducting full- fledged trial before the Sessions Court, and hence, he prayed to dismiss the petition.

6. For the sake of convenience, Sections 3, 4 and 2(1) of the Act are extracted hereunder:

3. Penalty.

- [(1) Any person who opens, keeps, operates, or 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 year and with fine which may extend to five thousand rupees; 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 months and fine of not less than three thousand rupees;

(ii)for every subsequent offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees; but in the absence of special reasons to be recorded in writing the punishment awarded under this clause shall be-(a)for a second offence, imprisonment for not less than six months and fine of not less than five thousand rupees;(b)for a third or subsequent offence, imprisonment for not less than one year and fine of not less than ten thousand rupees.]

Explanation. - For the purpose of this section, the expression "person" includes the owner, or as the case may be, the occupier of the place used as a common gaming house and where such place belongs to or is occupied by a club, society or other association of persons, the person having the care or management of such place.

(2)It shall not be necessary, in order to convict any person for opening, keeping or using or permitting the use of common gaming house or of being concerned with the care or management of a common gaming house, to prove that any person found therein was gaming for money, wager, bet or stake.

4. [Penalty for being found gaming in a common gaming house.

[Substituted by Act No.29 of 2017.] - Whoever is found gaming, or present for the purpose of gaming in a common gaming house shall, on conviction, be punishable with imprisonment for a term wh