The High Court · 2025

1 The State^of.Telangana, .fffo^rgl, public prosecutor at High Court of Telangana. 2. l.hrougtl State Police. Sri. K Srinivas Reddy, Sub lnspector of police, Humiyun Nagar Police Station, Hyderabad. ...RESPON DENTS/COMPLAINANTS Petition under Section 528 of BNSS_, praying that in the circumstances stated in the Memorandum of Grounds of criminar peiition, the High court may be pleased to Quash the proceedings in cc No.5188 of 2022 on th; File of vr Addl. Metropolitan Magistrate, Hyderabad, for the offence under section 3 and 4 of rhe Telangana Gaming Act, '1974 against the petitioners/Accused No.9 and 10. l.A. NO:2OF 2025 Petition under Section 482 of Cr.p.C praying that in the circumstances stated rn the Memorandum of Grounds of Criminal petition, the High Court may be pleased to stay all further proceedings in cc No.51gg of 2022 on tne rite or vt Addl Metropolitan Magistrate, Hyderabad, Section 3 and 4 of The Telangana Gaming.Act, 1974 against the Petitioners/Accused No.g and 10, includin{ the personal appearance of the Petitioners/ Accused No.9 and 10 pending dispoial of the present Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of _ Grounds of criminal Petition and upon hearing the arguments of sri Abuzar Ahmed Khan, Advocate for the petitioners and of sri Jith-ender Rao veeramalla, learned Addl Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No.2. The Court made the following: ORDER (\ ,,/ THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NO.3090 of 2025 ORDER: Petitioners who are arrayed as accused Nos.9 and '10, in C.C.No.51B8 of 2022 on the file of the Vl Additional Chief Metropolitan ltlagistrate at Hyderabad, registered for the offr:nces under Sections 3 and 4 of the Telangana Gaming Act, 1974 (for short'Act'), are seeking to quash the proceedings against them. 02 Heard tVlr. Abuzar Ahmed Khan, learned couns;el for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State and perused the record.

03. The case of the prosecution, in brief, is that on 09.05.2022, on receiving credible information, the Police Humayun Nagar went to the premises i.e., Banjara Srrooker Parlour, H.No.10-5-5/2, Faraz Chambers, 2nd and 3'd Floor, Masab Tank and found that accused No.1 is running tht-' said Snooker Parlour late in the night by violating the Government Orders and also found accused Nos.2 to 14 playing snooker by betting money. Basing on the said complaint, a case in Crime No.120 of 2022 was registered against the petitioners-accused Nos.9 and 10 and others. After completion of investigation, 2 charge sheet was filed, cognizance was taken and the case was numbered as C.C.No.5188 of 2O22for the aforesaid offences.

04. Learned counsel for the petitioners submits that the petitioners are innocent of the offences alleged them, however, they were falsely implicated in the case by the police without any cogent evidence with an intention to harass them. He further submits that the snooker is a skilled game, a cue sport played on rectangular table with six pockets for entertainment and socializing. He further submits that the amount seized from the possession of petitioners is their legal money and it has nothing to do with the offences alleged. IVlere playing of snooker will not make the said premises as a gaming house as defined under Section 2(1) of the Act and there is no material to show that the premises from where the alleged recoveries were affected was a gaming house. Hence, the offences alleged against the petitioners are not made out and the proceedings against them are liable to be quashed.

05. 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 n :€ I I l 3 conducting full-fledged trial before the trial Court, and henr;e, he prayed to dismiss the criminal petition

06. 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 asslsfs in conducting lhe buslness 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 /ess than three monttts and fine of not less than three thousand rupees; (ii)for evert subsequent offence, with imprisonment for a term whicl: may extend to two years and with fine which may extencl 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 les.s than five thousand rupees;(b)for a third or subsequent offence, imprisonment for nof /ess than one year and fine of nof /ess than ten thousand rupees.l Explanatiotl - 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 lraving the care or management of such place. (!)lt 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 4 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-.2g of 2017.] - Wh.oever is found gaming, or present for the purpose of a common gaming house shalt, on coivictlioi, yaninO .i1 be punishable with imprisonment for a term wnicn iay extend to six months or with fine which may extend io three thousand rupees, or with both.l Explanation. - For the purpose of this section, any person fo.un! t1 anV common gaming house during gamin'g'tnerein sha be presumed to have been presmi tnei for thte purpose of gaming.

2. Definitions. ln this Act, unless the context otheMise requires,_ (f)"common gaming house,, , means_ (!)in the case of gaming- (a)on a horse-race except in the manner provided in clause (2); or (b)on the market price of cofton, bullion or other commodity or on the digits of the number used for stating such prici; (c)on the ground of variation in the market price of any commodity specified in item (b) or on the digits of the number used for stating the amount of such variation; or GLon the market price of stock or share or on the.digits of the number used for stating such price ; or (e)on the number of registration or on the digits of the number of registration of any motor vehicle usiig a public place; or Aon any transaction or scheme of wagering or betting in which the receipt or distribution of winningi or prizei, in money or otherwise, is made to depend on chance, any h.ouse, room, tent, enclosure, vehicle, vessel [cyb", "pr""1 lnsefted by Act No.2g of 2017.1 or any place whatsoeve'r in which the gaming takes ptace or in which the horses or .'' I ; I I l other instrunents of gaming, are kept or used for such gaming: (ij)! in the case of any other form of gaming, any house, room, tent, enclosure, vehicle, vessel, cyber space or any' place whatsoever in which any instruments of gaming are kept or useC for the profit or gain of the person owning, occupying, using or keeping such house, room' tent.enclosur,=, vehicle, vesset, cyber space or any place, whether by rtuay of charge for the use of such housd; room, tent. enclosu.e, vehicte, vessel, cyber space or any place or instruments of gaming or otherwise howsoever; [Substituted by Act No.29 of 2017.] Explanation - For the purpose of sub-clause (ii)' any premises or place or cyber space belonging to or occupied by a club, society, company or other association of persons, whether incorporated or not, which is used or kept for purposes of gaming shall be deemed to be a commou garning house notwithstanding that there is no profit or gain for the club, society, company or other association af persons on account thereof; 07. The petitioners-accused Nos.9 and 10 were charged for the offences (Inder Sections 3 and 4 of the Act. Accord ng to the prosecution case, the petitioners-accused Nos.9 and 10 were present at the premises along with other accused for the purpose of gaming in a common gaming house and they were involved in betting during late night hours. As seen from the record, it is an admitted fact that there is no search warrant from the concerned Magistrate for conducting search or raiding of the premises;. The entire charge sheet is based upon the confessional statements of the accused. lt rs settled principle of law that the confessional statement made by the accused before the Police Officer, is inadmissible in the eye of law. The persons who were sho'/vn as I I I 6 a eye witnesses to the incident are police Officials. There are no independent eye witnesses to prove the alleged offences. Moreover, there is no material or evidence to show that the premises is a common gaming house or the petitioners were playing snooker game in the premises by beiting during late night hours. In the said circumstances, the continuation of the criminal proceedings against the petitioners for the afleged offences under Sections 3 and 4 of the Act, amounts to abuse of process of law. Hence, the same are liable to be quashed.

08. Accordingly, this Criminal petition is allowed and the proceedings against the petitioners_accused Nos.9 and 10 in C.C.No.5188 of 2022 on the fite of the Vt Additional Chief Metropolitan lVlagistrate at Hyderabad, are hereby quashed. Pending mlscellaneous applications, if any, shall stand closed. Sd/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// CTION OFFICER To

1. The Vl Addl. Metropolitan Magistrate, Hyderabad, 2. The Station House Officer, Humayun Nagar Police Station, Hyderabad District.

3. One CC to Sri Abuzar Ahmed Khan, Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies. BJLB/TJM ?k- \ I a J li,'l rlE s ri 1 0 9 nPi [25 C -o D. .'; p r,.r c, "r -i.r--:---- j. HIGH COURT DATED:04/03/2025 ORDER CRLP.No.3090 of 2025 ) I l l I I l t I CRIMINAL PETITION IS ALLOWED n-.oc@' "\+ 4(??