The High Court · 2025

The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hvderabad ...REspoNDENT/coMpLArNANT Petition under Section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner Accused No. 11 in C.C.No 591 of 2022 on the file of the ll Additional Junior Civil Judge-Cum-Xlll Addl. Judrcial Magistrate of First Class, Ranga Reddy District At Rajendrangar. l.A. NO: 2OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No. 591 of 2022 on the'frle of the ll Addrtronal Junior Civil Judge-Cum-Xlll Addl. Judicial Magistrate of First Class, Ranga Reddy District At Rajendrangar, including the appearance of the petitioner, during pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crrminal Petitron and upon hearing the arguments of Srr Soma Ravr Kiran Reddy, Advocate for the Petitioner and the of Sri Jithender Rao Veeramalla, learned Addl Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.2466 ot 2025 ORDER: Petitioner, who is arrayed as accused No.11, in C.C.No.591 of 2Q22 on the file of the ll Additional Junior Civil Judge-cum-Xlll Additional Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar, registered for the offences under Sections 3 and 4 of the Telangana Gaming Act, 1974 (for short 'Act'), is seeking to quash the proceedings against him.

2. Heard Sri S.Ravi Kiran Reddy, learned counsel for the 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 on 16.09.2021, on receiving credible information, the Police Raidurgam went to the premises i.e, Flat No.40'1 Pristine Commune, near KGN Xerox, Manikonda, and found accused Nos 1 to 13 playing poker game by betting money. Basing on the said complaint, a case in Crime No.564 of 2021 was registered against the petitioner-accused No.1 1 and others. After completion of investigation, charge sheet was filed, cognizance was taken and the case was numbered as C.C.No.591 of 2022 ,for the aforesaid offences I I I i ! t, ! I t I l i . 2

4. Learned counsel for the petitioner submits that the petitioner is innocent of the offences alleged him, however, he was falsely implicated in the case by the Police without any cogent evidence with an intention to harass him. He further submits that the game of playing cards is not an offence per se and it is an offence when it is carried on in a public place or in a common gaming house as defined under the Act. There is no material to show that the premises from where the alleged recoveries were affected was a gaming house; the petitioner was present at the premises and he was involved in illegal gambling. Hence, the offences alleged against the petitioner are not made out and the proceedings against him are liable to be quashed.

5. On the other hand, learned Additional Public prosecutor submitted that there are specific allegations against the petitioner and the truth or othenivise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the Sessions Court, and hence, he prayed to dismiss the criminal petition. 6 For the sake of convenience, Sections 3, 4 and 2(1) of the Act are extracted hereunder

3. Penalty - [(1) Any persorl who opens, keeps, operates, or uses or permits to be used any common gaming houx or online gaming or conducts or assrsts in conducting lhe busrness of any common gaming house or advances or furnishes money for gamtng therein, shall be punishable- ,. _ 3 (i)for the first offence, with impisonment for a term which may extend to one year and with fine which may extend to five tho)usand 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 ,ess than three thousand ruqees; (ii)for every subsequent offence' with impisonment 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 ctause shall be-(a)for a second offence, imprisonment far not less than s,x months and tine of not /ess than five thousand rupees;(b)for a third or subsequent offence, imprisonment for not /ess fhan one year and fine of nol /ess lhan len thousand rupees.l Exptanation. - 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 betongs to or is occupied by a club' society or other association of persons. lhe person having the care or management of such Place. @lt shall not be necessary, in order lo convict any person for opening, keeping or using or permlting the use of common gaming house or of being concerned wilh the care or management of a commort 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. fsubstituted by Act No.29 ot 2017.1 - 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 which may extend to six months or with fine which may extend to three thousand rupees, or with both.l Explanation. - For lhe purpose of thls sectlo,, any person found in any common gaming house during gaming therein shall be presumed to have been presenl there for the purpose of gaming.

2. Definitions. - ln this Act, unless l/)e context otherwBe requires,' \ : ,i 4 A"common gaming house" , means- Qin the case of gaming- {p)on a horse-race except in the manner provided in clause (2); (b)on the matuet price of cotton, bullion or other commodity or on the digits of the number used for stating such pice; or (p)on the ground ot variation in the market price of any commodily specified n item (b) or on the digits of the number used for stating the amount of such variation; or GLon lhe market price of slock or share or on the digits of the number used lor sfal/ng such pnce , or (e)on the number of registration or on the digits of the number of registralion of any molor vehicle using a pubtic place; or (!on any transaction or scheme of wagering or betting in which the receipt or distribution of winnings or prizes, in money or otherwise, is made to depend on chance, any house, room, tent, enclosure, vehtcle, vessel [cyber space] [tnsefted by Act No.2g of 2017.1 or any place whatsoever in which the gaming takes ptace or in whrch the horses or other instruments of gaming, are kept or used for such gaming: (U in the case of any other form of gaming, any house, room, lent. enclosure vehicle vessel. cyber space or any place whatsoever in which any instr:tments of gaming are kept or used for the profl or garn of the person owning, occupying, using or keeping such house, room tet)l.enclosure, vehble, vessel, cyber space or any place, whelher by way of charge for lhe use of such house, room, tent, enclosure, vehicle, vessel, cyber space or any place or inslrumenls of gaming or otherwise howsoeve4 [Substituted by Act No.29 of 2017.] Explanation. - For the purpose ol sub-clause (ii), any premises or place or cyber space belonging to or occupied by a club, society, company or other assoc,allon of persons, whether incorporated or nol, which /s used or kept for purposes of gaming shall be deemed to be a common gaming house notwithstanding that lhere is no proht or gatt for the club, society, company or other assoc@lion ol persons on accoLtnl thereofl The petitioner-accused No.1 'l was charged for the offences 7 under Sections 3 and 4 of the Act. According to the prosecution case, i I I i ! 5 the petitioner-accused No.1 1 was present at the premises along with other accused for the purpose of gaming in a common gaming house' Unless the place of the offence is specified to be a common gaming house, Section 4 of the Act will not attract. The premises where the petitioner was playing cannot be termed as a gaming house as defined under Section 2(1) of the Act, hence, the offence under Section 3 of the Act is not applicable, thereby, the petitioner cannot be punished for the offence under Section 4 of the Act. ln the said circumstances, continuation of proceedings against the petitioner amounts to abuse of process of law.

8. ln view of the above, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.'l 'l in C.C No 591 of 2022 on the file of the ll Additional Junior Civil Judge-cum-Xlll Additional Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// To, Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR A\ \\\-=-=--- i sEcrroN oFFrcER --

1. The ll Additional Junior Civil Judge-Cum-Xlll Addl. Judicral Magistrate of First Class, Ranga Reddy District At Ra.jendrangar,

2. The Station House Officer, Raidurgam Police Station, Cyberabad District

3. One CC to Sri Soma Ravi Kiran Reddy, Advocate [OPUC]

4. Two CCs to PUBLIC PROSECUTOR, Hrgh Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies ,r.,rurnra w \ I q r1E S f4, 14: 1 a ( J 01 r{AY 2025 ,O ' , .:P ATCHT;o ) HIGH COURT DATEO:2O1O212025 ORDER CRLP.No.2466 ot 2025 CRIMINAL PETITION IS ALLOWED I dReL &E