The High Court · 2025

- Itori si yeZ,". occ. Pvt. Employee, R/o H.No 10-5-284, Ahmed Nagar' First 3.MohdFeerojaliasAbdulRahman,s/oMohdAkhilaliasLateRahim'Aged 4. Mir Azeemuddin Ali, S/o lvlrr Nayeemuddin Ali, Aged about 29 years, Qcg fvt Employee. R/o H.No.10-5-214, Ahmed Nagar First Lancer, Hyderabad' Ls' 5. Mohammed Faisal Khan, S/o Vizarath Hussain Khan, {Se.{ about 27 years' Occ. Pvt. Employee, R/o H.No.11-1$99/1/A, Chilkalaguda, Hyderabad' I s' 6. Abu bakar Siddique, S/o Mohammed Mukaram Jah, .Aged apoui,2S- V,!al] Occ.Student.R/oH.No.'11-1-699/2'OldPostOffice,Chilkalguda'HyderaDad' T.S,

7. Md. lmran, S/o tvld Saleem, Aged about 28 years,- Occ- Business' R/o ff r,lo.r7-sri, Roda Mestri Nagar, Gilularamaram Road, Medchal, T S'

8. Mohammed Abdul Raheem. S/o Mohammed Abdul Khadar, 4ged about 28 - v"iri, Occ Pvt Employee, R/o H.No.6-223' Nehru Nagar, Gajularamaram Road. Medchal. T S

9. Mohammed lrfan. S/o Mohd. Haneef, Aged aborlt t years,..Occ' ,Pvt -Emptoyee,R/oHNo.104-771182151'AhmedNagar,FirstLancer,Hyderabad T,S. i.r.ro.e-i-aozl296, Gulshan colonv,-shaikpet, Hyderabad, T'S'

10. Shaik Altaf, S/o Shark Javeed, Aged about 21. years, Occ Student' R/o '- 11.Mtza Abdullah Baig. S/o Mirza Ajmal Baig, Aged about.34 years' Occ Son*rr" ernptoyee.h/o H No.10-5-i3i4l2' Humayun Nagar, Hyderabad' T S. 12. Mohammed Azar alias Azharuddin, s/o Mohammed Alauddin, Aged abort 33 '- v";ji., oii-ersn".i,-nlo H r.ro 10'5-64/'1lA Ahmed Nagar, Hyderabad, T S ..PETIIONERS/ACCUSED NO.1 TO 10 & 11 TO 14 / ANO 1 2 State of Telangana, Through Public Prosecutor at High Court of Telangana Hyderabad Throuoh State Police, Sri. K Srinivas Reddy' Sub lnspector of flolice' Hr*riij" ldgrr Poliie Station, Hyderabad .....RESPONDENTS petition under section 528 0f BNSS praying that in the circumstances stated in the Memorandum of Grouid"- ot-ciirnin"i PeJitr-ol' the High Court may be oleased to Quash tn" p'*"lii'igt-in Cc No-5188.,of 2o22 on the File of Vl ffi,il;j r'i.tt"p.iii,"'r"r';;i;i""' ivderabad' ror rhe orrence under section 3 'isia the PetitionersiAccused No 1 and 4 of The Telansana dili;;;;: to 8 and 11to 14 'g'intt I I I t.A. NO: 2 oF 2025 Petitionundersection4B2ofcr.P.cprayingthatinthecircumstances statedintheMemorandu'n-ofC'o'nO"ofCriminalP-etition'theHighCourtmay be pleased to stay all t"tn"t'pi""""Jtjt ' CC No 5188 of 2O22 on the File of H-yderaoad under Section 3 & 4 OF The Vl Additional Metropolitan ft'f "'gitti'"' Telangana Gaming; Act, 1g'Z;;rnsi tnl petitioners/Accused No'1 to 8 and 11 to 14 including,nu pur."on"i;;H;;;; of the Petitioners/Accused No'1 to I lri ii'i" i+ tii pund'ing disposa[ of the present criminal petition This petition coming on for hearing, upon perusing the tvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of SRI ABUZAR AHMED KHAN, Advocate for the Petitioner and the SRI iITHENDER RAO VEERAMALLA' Additional Public Prosecutor on behalf of the Respondents No,1&2 The Court made the following: ORDER /- I I I I I i I i THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 3872 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings against the petitioners in C'C'No'5188 of 2022, on the file of the Vl Additional Metropolitan Magistrate, Hyderabad.

2. The petitioners are arrayed as accused Nos.l to 8 and'l 11o14 in the calendar case registered for the offences punishable uflder Sections 3 and 4 of the Telangana Gaming Act, 1974'

3. Heard Mr.Abuzar Ahmed Khan' learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondents.

4. The prosecution case in brief is that on 09.05'2022, the Police, Humayun Nagar Police Station, surprised Banjara Snooker Parlour, situated at Masab Tank and found that the accused No'1, who is running said snooker parlour at late night viotating Government orders and the accused Nos.2 to 14 were playing snooker on betting' Basing on the report by the Sub-lnspector of Police, a case in Crime No'120 of / 2 Nr7&/ Crl-P.NoJ872 of 2025 2022 has been registered and after investigation, charge-sheet is filed confirming the accusations in the crime.

5. Learred counsel for the petitioners would submit that the accused Nos.9 and 10 in the self-same Calendar Oase have filed Crl.P.No.3090 of 2025 and this Court having considered the materials quashed tfre proceedings against the petitioners therein/accused Nos.9 and 10. He further pleads that the petitioner Nos.2 to 12 are the persons, who were playing snooker and facing self-same accusations to that of a(;cused Nos.9 and 10. That apart, except the statement of the complainant and the confessional statement of the accused there is nothing lo show that the accused No. 1 is running the snooker padour. Hence, prayed for intervention and quashment of proceedingsj.

6. Learned Additional Public Prosecutor would fairly submit that this Court had considered the case of accused Nos.9 and 10 and passed a detailed order in Crl.P.No.3090 ot 2025 and findings are equally applicable to the petitioners.

7. I havr: considered the submissions of the learned counsel and perused the materials on record i. i l I I f 3 Arr&/ CrtP-NoJ872 0J2025 S.ACoordinateBenchofthisCourthavingregardtothecomplaint and the materials placed on record in Crl'P'No 3090 of 2025 in Para No.7 recorded following observations: "The petitioners-accused Nos.g and 10 were charged for lhe offences under Sections 3 and 4 of the Act According to the prosecution case, the petitioners-accused Nos g 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 slatements of the accused lt is settled principle of law that the confessional statement made by lhe accused before the Police officer'isinadmissibleintheeyeoflawThepersonswhowereshown as 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 betting during late night hours ln the sald circumstances' thecontinuationofthecriminalproceedingsagainstthepetitionersfor the alleged offences under Sections 3 and 4 of the Act' amounts to abuse of process of law Hence, the same are liable to be quashed'"

9. Having regard to this position' and as the prosecution is in agreement that the {indings recorded in the earlier Criminal Petition are equally applicable to the petitioners herein' this Court is of the considered view that continuance of further proceedings against the petitioners would amount to abuse of process' \ 4 N.r&/ CrlP.Na.1872 of 2025

10. Acconlingly, this Criminal Petition is allowed and the proceedings against the petitioner Nos"l to 12laccused Nos.1 to 8 and 11 lo 14 in C.C.No.5188 of 2022, on the file of the Vl Additional Chief Metropolitan tr,lagistrate, Hyderabad, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// S;D/. MOHD. ISMAIL PUTY REGISTRAR IiECTION OFFICER To, 1 The Vl Additional MetroPo litan Magistrate, Hyd Hvderabad. 2 The Station House Officer, Humayun Nagar Police Station, HumaYun Nagar : ijl'l-cC t" sRI ABUzAR AHMED KHAN Advocate [oPUC] a i*o ccs to public prosecuior, High court for the state of Telangana at 5 Two CD CoPies {e Hyderabad [OUT] PSL HIGH COURT DATED:20/03/2(t25 ORDER CRLP.No.3872 <tf 2O25 ( oB. IHE S 14 o o o't 2 0 tuH 20fr ililii D ,':,/ ALLOWING THE CRIMINAL PETITION @ {A Tftrr