The High Court · 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 quash the proceedings in C.C No- 2650 of 2021 , on the file of the X Addl, Chief Metropolitan Magistrate, Secunderabad against all the accused persons l.A. NO: 1OF 2021 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 including arrest of accused person in the proceedings in C.C No. 2650 of 2021, on tlre Me of the X Addl- Chief Metropolitan Magistrate, Secunderabad, pending disposal of the main petition This Petitron coming on for hearing, upon perusrng the Memorandum of Grounds of Orirninal Petition and upon hearing the :rguments of Sri Shaik Ahmed Ali learned counsel representing Sri MIRZA NISAR AHMED BAIG NIZAMl, Advocate for the Petitioners and E.GANt:SH Assistant Public Prosecutor orr behalf of the Respondent No. l and of None Appeared for the Respondent No ll The Court made the following: ORDER I THE HONOURABLE SRT JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.5963 oF 2O2l ORDER: This Criminal Pctition is filcd under Sectiot't 482 of Cr.P.C. sccking quashme nt of proceedings against petitioners/ accused Nrrs. I Lo 5 ir-r C.C.No.2650 of 2021 on thc filc of thc learnt--d X Adilitional Chicf Mctropolitan Magistratc, Sccundcrabad (for slrort. "1he trial Court") for thc oflenccs purrishablc under Sc<:tions 3 & 4 of lhe Te langana Statc Gaming Acr, 1974 (for slrort, ''thc Act"). ). l{card Mr.Shaik Ahmed Ali, learncd counscl rcprescnting Mr.Mirza Nisar Ahmcd Baig Nizami, icarncd counsel for the pctitioners and Mr.E.Galesh, learncd Assistant I)ublic Prosccutor appcaring for rcspondent No.l Statc ]. Tlrc bricf facts of thc case arc that on l9.Ol .2O21 rcsporrdent No.2l de I acto complainant, u'ho is thc Sub lnspcctor rrl i)olir:c l-ilccl a rcport staling that on 19.0 l.2O2l , he rcceived irrftirmation that accused No. I is organizing and acccpting a tlrrce currd game u,hich is a gamc of chancc at his residcnce bcaring Il.No. ll ll3 & 184, Padmavati Residencl,, Sitapl-ral Mandi, 1 using thc prcmiscs ac-common gaming housc; that on bclieving l the information to be true, he obtaincd an autlorizcd mcmo from the Assistar:l Commissioner of Police, GopzLlapuram Division, Secunderaba d for raiding thc above mentiorred premises; that immediatel-v, de facto complainant summoned trvo mediators and drafted search proccedings in their presence along with his staff, panchas, proc:eeded to the above spot and rai<led the above said premises. Aftcr serving copy of search proceedrngs under Section 165 of Cr. P.(1. to a<:cuscd No. l , respondent No.2 entercd thc premises arrcl lound that lour (4) pr:rsons were :rlaying cards; that they disclose<i thcir identities as accuscd Nos.2 to 5 and allegedly they have trcc'n pla-r'ing three card game by betting money rvhich is a game of chance. On inquiry it is revealed ,hat accused No. I is organizing and using the house as ganing house and apprehcr-rdcd thc petitioners along with ceased total net cash of Rs.20,370/ t'"vo (2) cc[[ phones, fiftcen (15; play cards and requested t() t,rke ncccssary legal action. Upon i'eceipt of the said complair-rt. thc Policc pcrsonnel of P.S. Chilk'rlguda registered crime in F.l. tl. No.35 of 2O2l and subscquently, charge shcct '"r'as liled i.idc C (i.l(o.265o ol 2O2l on the file of the -rial Court for the offcnccs purrist-r;iblc undcr Scctions 3 & 4 ol tht' Telangana State Gaming Act, I t)74. 4 . [,carncd counscl for thc pe titioncrs submits that ttre petitioners are falsely implicatcd by LW- I O/lnvcstigating Officer, in order to wreak vengeance for illegal gains by distorting actual facts; that as per the scttled preposition of law laid down by the I{on'ble Supreme Court and various High Courts, 'gaming' muchless playing card itseli is not an offence as per the Gaming Act, but it is punishable only when the same is played or organizcd irr a 'Common Gaming Housc'and not otherwisc.

5. Hc statcs that in the case on hand, residence of accused No.l is maliciouslv shown and described as 'Common Gaming I{ousc' u,hich tcrm, is absolutely misplaced from actual fact, and far away lrom truth; that the police personnel, in ()rder Lo settle thcir score lr,ith petitioncrs herein in particular n,ith petitioner No.2, vt'ho is a practicing Advocate, mcntioned Lhe residential house as 'Common GzLming llouse'.

6. IIc further contcnds that as per panchanama and charge sheet, the police personnel have recovere d only (15) cards; that in ordcr to cstablish a card game, the instrt:ment for gaming is pack ol-pla-r'ing cards (52) in nurnber and that no card game muchless thrcc (3) card game can take place wiLh (I5) ptaying cards. He lurthcr submits that in similar sct of ci rcumstances, this Court -l vide order l;ited 28.O3.2025 io Crl.P.No. 15;122 of 2O24, order dated 26.O!).2O22 in Cr1.P.No.96B7 of 2O1t: ,116 616s1 dated

25.1O.2024 in Crl.P.No.10830 ol 2024 quashr:d the proccedings against the petitioners Lhe roin. I lcncc, relf ing 1trg 4fe6ecited decisions. hc' sccl<s to qrrash thc impugned prc r:,:edings.

7. Lcarncrl Assistant l)ublk: Prosecutrlr submits that the matter rcquircs to bc trir:d :rnd sccks to disr-r:iss the Criminal Petition.

8. Secti<>n 13 of thc Act. roads as under:

3. l'ert.nlty -for opertirtg, etc., a cotttmon gaminQ house - 1[(1) Ang persort raho opens, k<,eps, operates, rrsr:.s or pcnnits to be usetl ctnu cornmon gct.ning house or online goninq or conducts or as-sists in ,nnductittg th.€ bu.sirre-ss oJ ctrrg crlntnrcrr ganing house cr aduances of funttsles moneg Jbr gantbtg therein, shall be puruishable (i) itor the .first o[Jence, uith inpisonment for d- tenn ruhich mag extend to one (1) year arul utith ltne uthich maA extend to Rs.S,OO}/ (Rupees l\ue Thousand only): bul in the abserLce: oJ special rctc"s6n5 1s 6" recordcd in turilirtg, lhe purtislnrcnt antarded under this clause shaLl be imprisonrnertt for ruot less 'Ltan tltree (3) month:; antl firc: oJ' ,tot less tfu.In /is. 3,O(iO/ - (Rupees 'l'lree i housorttl ottly): (it) [;or euery subsequent oJfence, uith impisonrnetrt .for a term atLich mog exter,cl to tuo (2) 5 Aears and with fine which may extend to Rs.LO,0OO/- (Rupees Ten Thousand only), but in absence of special reasons to be recorded in uiting the punishment a utorded under this clause shnll be - (o) For a second offence, imprisonment for not less than six (6) montls and ftne of not less than Rs-S,OO)/ - (Rupees Fiue Thousarul onlg); (b) For a third or subsequent offence, imprisotunent for not less than one (1) gear and Jine of not less than Rs.LO,OOO/- (Rupees Ten Thousand only).1 Explanation: - For the purpose of this section, th<z expressiorr "person" includes th.e otaner, or as the case may be, the occupier of the place used as a comrnorL gamittg house and uhere such place belongs to or is occupied bg a club, society or otlter association oJ- person.s, the person hauing the c(tre or managemerlt o-f such place. (2) It shatl not be necessary, in order to conuict ang persort for opening, keeping or using or pennitting the use of cortmon gaming Ltouse or of being concerrled uith the care or management of a common gaming house, to proue to proue that anA person found therein utas gaming for tltoneA, uager, bet or sto'ke. Similarl-v, Section 4 of the Act, runs as under: "4. 3lPenalty for being fouru7 gaming in a common ganittg house Whoeue r is found gaming or present for the purpose oJ garnitg ir:r a comrnon gaming house shall, on conuiction, be punishable ttith impisonment for a term which mag extend to six (6) montl* or utith fine which may extend to Rs. 3,OO0/, (Rupees 'i'hree Thousand onlg) or utith botltl 1 . Substituted bg the Act No. 43 of 2020, 5.3. 2. Inserted by tle Act No. 43 of 2O2O, S.,l 3. Substituted bg the Act No. 43 of 2O2O, 5.5. Explanation: - For tte purpose of this section, cttlll person found in ang co,nmon gaming house duing goming tlerein shall be presumed to haue been present there for lle purpose of gaming." As per Section 2 (11 of the Act, the definition of common gaming house rs as under: " (7) 'common gaming house', means - (i) in the case of gaming - (a) <tn a horse-race except in the motv,er prouided in clause (2); or (b) on the market price ol cotton, bullion other commoditg or orL tirc cligits of the n;tmber useri for stating such price; or (c) on tLrc ground of uaiation bt the market pice of any comrnodity specifred in item (b) or on" the digits of the number used for statirTq the amount of suclt uariation; or (d) on ttrc market price of stock. or share or on the digits of the number used for stating such price; r (e) ort, th,e number of registratictt or cn the digits of the nurnlter of regi.stration of ang ntotor ue hicle using a public pLace; or (fl on antg transoctiott or scheme of utagerbg or betting in uthiclt the receipt or distributiort of uinninqs of prizes, in moneq or otheruise, is made to depend ot chance, ang house:, roorn, tertt, ertclosure, uehicle, u.ssel, llcgber spacel or ang place whatsoeuer in whic\ the gaming takes pktce or in uhich the horses or other insttutnents of gaming, are kept orusedfor such gaming: 7 2["(ii) in tLe case of ang other fonn of gaming, ang house, room, tent, enclosure, uehicle, uessel, cyber space ar any place uhatsoeuer in tuhich any instntment of gaming are kept or used for the profit or gain of the person ouning, occupying, using or keeping such Ltouse, room, tent, enclosure, uehicle, uessel, cyber space or anA place uthether bg wag of charge, for the use of such Lause, room, tent, enclosure, uehicle, uessel, cgber space or any place or instrunents of gaming or otlerwise howsoeuer; Explanation: For the puryose of clause(ii), anA premise or place or cyber space belonging to or occupied bg o club, societg, companA or other ossociations of persons, uthether incorporated or not, which is used or kept for the purpose of gaming shall be deented to be a common gaming house notLuithstanding that there is no profit or gain for the club, societg, cotnpanq or ollter associations of persons on account thereof."

9. Therefore, in order to fasten the liability under Section 3 of the Act, the prosecution is expected to prove that the place, where the raid was done is a common gaming house. In order to consider a place as common gaming house as defrned under Section 2(Il of the Act, the prosecution is expected to prove that the premises n,here the gaming was being condLrcted, shall be a house, room, etc., u,hich is used lor profit or gain for occupying the same for playing Cards. That means, in order to prove the ^piace, where the petitioners $/ere allegedly playing the Cards, the n person, rvho is in-charge and was in possession of the subject premises was permitting the petitioners to use the said premises on some payment/remuneration and that the person, who is in- charge of premises shall collect money for perrrritting to use the said premises for gaming purpose. i0. In Bhimtao Trimbakrao Ingle v. State of Maharashtrat the Hon'ble Supreme Court held as follows: "Euett though on an appreciation of euidetu:e adduced bg tle proseettion tLe Sessions Court come to thtz conclusion that the prosecution had failed to establish that Appellant No. 6 u.tas deriuin.g ang profit or gairt- bA way of charT2s.fsv the use of the roont in question and that accordhtgLg it was not a 'common gaming house', tle Court strongelg enouglt helrl thot it utas a common gaming house within the mea'tinq oJ Section 3(ii) of the Act by reason of the prcsumption unacr Section 7 of the Act. Wtat tuas leld to be 'not' a'Contntort Lttming House', hauing regard to the fdct that euidenrc ud,l uced bg the prosecution tuas considered wtacceptable could ttot haue been leld to be' a common gaming hottse bg re"ourset to the presumptiort under section 7. The presumprion r-s a rebuttable presumptiort ulhich was not required to be rebuttecl bg the defence inasmuch as th.e prosecution euidence utas discredit.ed and rejected and the presutnptiort stood rebutted on that account. What is not a 'common ganting house' itt fact it the light of euid ene cannot become a cornnlon gan ing house by reason of a presumption under section 7. The reason is ruzitler far to seczk nor obscure. What tle proseaiion ;s required to , l9ur, i4l sc(.91 () establish by recourse to the presumptiort is that tLe room is a 'commott gaming house' as defined in the dictionary of Section 3(ii) that is to say that the occupier is collecting charges for the use of the room. When euidence in adduced and tlrc proseation fails to establish that such charges are in fact collected, hou can the Court hold in the face of its oun finding that such charges are collected, that euen so it is a 'common gaming house' because of the presumption? ?he Sessions Court was in error in conuicting the appellants for an offence under Sectiort 5 tuhich can be committed only prouided the persons cortcented utere gorttittg or were present for the purpose of gaming in a 'cotnrnott gaming house'. The High Court utas in eror in failinq to appreciate the import of the soid finding recorded bg the Court on the basis of the appreciation of euidence thal h fctct it utas rtot a 'comtnon gaming house' as found by ,he Sessions Court. attd conftrmed by the High Court- None of the appellants could therefore be conuicted for an offence under Sectiort 5. Tlte appeal is, therefore, allouted. Tlrc order of conuiction and sen-lence is set aside. "

11. In Jagat Singh Kishor Singh Darbar v. The State Of Gujaratz the Hon'ble Suprcme Court held as follor.r,s: "We futg agree uith the High Court that the expression "or otlrcnuise hotusoeuer" is of tLe widest amplitude and canrrct be restricted irr it.s scope by the words immediotelg preceding it uthich lay dorurt that the profit or gain maA be bg wag of charge for the use of the premises. In this connection we mag usefullg quote fron the judgmai of Shah, Acting C.J., utho deliuered the judgment of the Diuision Bench in Emperor u. DattatraAa Shankcrr Paranjpe, (Supra). * !e7s (4) scc 3o7 ''lt is essential for the proseantion under t|tis definition to establish that instruments of gaming uere kept or used in the house, room or place for profit or gain of the person ouning, ocanpyingt, using or keepirLg the house, rootfl or place. It may be done by establishing that the person did so either by a charge for use of the instruments of gaming <tr of the house, room or y;Iace, or otheruti.se houtsoeuer. fhe (1) 25 Bonrbag Law Reporter 1089: A.I.R. 1924 Bombay 184. (2) 47 Etonrbag La ut Reporter 75 = A.l.R. 1945 Brnnbay 3O5. expressior, "othenaise housoeuer" dppears to be uery compreltensiue, and does not suggest ang limitati,tt:", such ns is contended on belnlf of the accused.' ...... "We aaue hectrd an it.teresting argument on the question as ta hau -fat' the ucrtis justifll 'Le someuhat restricted meanbtg tuhicl; ltas been. put upon the definition by the leorned Judge of the lJiahnbad High Court; and after a care{ul consideration of the ar .zu ments urqed on either side, and with great respect to the leanted Judges, I LLaue cotne to the - conclusion that the tuords o,' the definitiott whiclt we ltoue to constnle lere ulould not lurue their fttll meaning if rue u.tere to ac@pt the narrou cottsttlLction. I do not think that on a proper consttuction of the d,,-finitiott l.he prosecution can be restriited for the purpose of Prouittg that ct particular house, room or place is a common gar iittg ltouse, to the tuto altematiues mentioned in the case of l.<u:hchi Ratn u. Emperor( ). It i-s, sulficient if the house is orte bt which tnstruments of goming are kept or used for the prctiit or gain of the person l.:eeping or using such place, i.e., u,lre re' the person keeping or u sing the house knows that profit or g'ttttt 4 15 WilI it all probabilitg result from tte use of the instntnrcnts of gaming. The profi.t or gain maA not actually result from such use. But if profit or gain is the probable and expected result of ttte game itself-and if that is the purpose of keeping or using ttrc in stntments, it utould be sufficient, in my opinion, to bring the case uithin the scope of the definition. At the same time it i.s clear tlnt the prosecution must establish that the purpose is profit or gain. This mag be done either bg showing that the owner w(7s charging for use of the instruments of gaming or for tLte use of the house, room or place, or in any other manner tttat mag be possible under the circunstances of the case, hauing regard to the nature of the garne carried on in that house." The opirtion of Sluh, Actinq C.J., was noted utith approual in Emperor u. Chimanlal Sankalcltand (supra), the reasoning adopted in uhich ntaA be reproduced uith aduontage: "Lachchi Ram's case was considered bg a Diuision Bench of this Court in Emperor u. Dattatraga (1923) 25 Bombag (1)A.l.R. 1922 AU. 61. Lau.t Reporter (1Oa9) and uas disset ed from. It u.tas held that to constitute a commo,L garnirg house it utas suffrcient if it utas one in which instruments of gaming were kept or used for the proft or gain of the person keeping or using such place, i.e., uhere the person keeping or using tLe house kneut that profit or gain uould in aII probability result from tle use of the instruments of gamitg. TIrc profit or gain me-A not actually result frorn .such use. But if profit or gain is tLe probable and expected result of the game itself and iJ that is the purpose of keeping or usirtg the i:slntrnents, it tuould be sufftcient to bring the case within the scope of the definition. C "It is argued bg Mr. Pochaji on behctlf of tlte accused that euen in tl-Lat ({rse it LUCts obsen)ed thot 'the pr)s:ealtiotl tnust establish that tle purpose uas profit or gair and that that might be done eitler bg shouing that the owner LUas charging for the use of the instruments of gaming or fo; ihe use of the room or place or in ang other mannet'Tle uords'or in any other nrarr.ner,' (which uere used there insteaC of the tuords appeainq at the end of the d-efinition' 'or otheru,i se hou.;soeuer') carutot be regorded as restricting the profit or gttit of the otuner or occupier of the house to profit or gain in a r anner ejusdem generis Luth uhat pre edes those words, and lence euen the hope of rnoking a profit out of the gambling iisei/ is sufficient to satisfg th,z requirement of tle definition of contmon qatn tq hous<:. lt ntay happen tlwt tle otxrupier of a house ntay allow it to be: used by the public for gambling and he hittself maA take port in it in the hope of making a profit, althoucl it he may not necessariltl nake it euery time. Such a hope t.s sufficient to trtake tlte house a cafitmon gaming house and tle occupier liable for keeping such a house." we lidly agree uith the interpretation of tlrc: de.finitiort of tlte tenn "cotnmotl gaming house" occurrinq in ::r:ctiort 3 of the Bombag Act as propounded in, the two Bom,bny authoities cited abotrc, as a/so in the impugned jrtdgnrcnl, t'rrtt intetpretatrcn being in confonnity with the unambiqttous language emploAed bg tlw legislature. TLte opiniotr to the contrary expressed in Lachchi Rom's case (suprt) antcl in other decision.s i:; found to be incorrect.

6. 'fle leanrcd counsel for the appella nts cottcedes that tf the t erpretation placed on clause (ii) of the dtz.fniitiott itg the impuqne-rl judgment be upheld, ttte conuiction of th.e appe'llants it tle uo appeals is usell-founded. Howeuer. ue ntaA state I that there is another goocl reason Jor upholdiq the conuictktrt and that flotos from tle presumption u,hich hos to be raised under section 7 of the Bombay Act whtch states: "When ang instrutnent of qaming ha,s been seized in ary1 house, room of place entererl under section 6 or about the person of any one found lherein, and irL the case of ang otler thing so seized if the court is satisfied that the Police Officer who entered such house, raom or place had reason able grounds for suspecting that the thinq so seized was an instrument of gaming, the seizure of such instrunlcnt or lhing shall be euidence, until thrz contrary is proued, that such house, roorn or place is used as o common goming house and the persons found lherein were then preset for thc purpose of goming, although no' gaming wcts actttctLly seen by the Magistrate or the PoLice OfJicer or b,U anu person ac:ling under tlrc outhoitu of either of them: I)rouided Lhat the aforesaid presumpt.ion shall be made, notuLitlustanding an!/ d"e,fect it lhe uorrant or orcler in pursuarlce of uLhich the house, rootn or place uns e:ntered under section 6. if the Coutl considers lhe defect tlot: to be a material one." lt is not disputed that instrurner:1s oJ'gamitry utere seized from the premises in question ht botlt the appe:als. 'fhat ciratmstances, according to the sectiott. " shall be euidert-ce, untiL the contrary is proued, thal suclt lnuse, roorrt or place is used. as a commotT garninq-house artd the persorLs Jbund tlrcrein Luere present for the purpose of gamitg, allltough no goming was actuallg seen.. " . Tlrc proJit or qain trtenliorrccl in clause (ii) of he dertnilion and also the other requirernents of that clause ore a matter of pererryttory presumption uthich has \-l l.l to bet rnised b11 the court as soon as the sebur e of irtstntntents o.f gaming .frotn the place in question is prcted, as is the case here. t\dmittedlg, there is no euidence t rebuttal of the presumlttion which must therefore be rttised and uthich funtisht:s tt good basis for the conuiction of the oppellctnts.

7. ln the result botlL the appeals fail and are rlismisseri. " 12,. hr the casc cn hand, there arc no ellegations on thc petitione rs tllat the_v havc been paying some arrounts to a third person for ur;ing tht: said premises for gaming purpose . In vic',r' of th<: prinr:ipic laid down in the above said citations, it cannot bc said tl'rat thc' pctitiorrcrs havc committcd tl-rr: offcncc under Section 3 ol thc Act, more pnrticularly when tlrcre is no pcrson, u'ho u'as rn r:hargc .rnd in possession for collccting mone\, tou,ards rrsagr' <:harges. '['hcrcforc, Section 3 ol h<: Act canr-rot bc lastened on thc petitioners as the house, ',.,hcrcin thr:r' arc erliescd to lLit\,' bcen playing Cards and hcnce . thc serid hr>usc cannot bc clcsr:ribcd as a gaming house.

13. Thc pctitioners were charged for the offenc I under Scction 4 as r.r'ell as Scction 3 ol the Act. 'l'hereforc. it i:; to bc cxamined rn hcthcr Ihcts narrated by the prosecution \ ould amoulrt to committing ol'rrn oflcncc under Scctiorl 4 of thc ,,\ct. In thc casc on hand, acc,ording to thc prosecution, the petit oners, r.ho u-erc ) prcscnt lor the purpose of gaming in a common gaming house, sl'rall, on conrriction mav suffcr lor simplc imprisonment for six months, which may extcnd to threc ycars. Unless the place ol the offence is specificd to be a common gaming house, Section 4 ol the Act q,ill not attract.

14. Considering thc circumstances, thc premiscs lvhcre the petitioncrs u,crc playing Cards, cannot bc l-ermcd as a gaming Irousc as dclincd under Section 2 (l) thc Act, sincc iL is not a ganring housc Scction 3 of thc Act is not applicablr:, thcrc'br' [he pctitioncrs cannot bc punishcd for the oflence punistrablc undcr Scctior-r 4 ol the Act as wcll

15. Accordingly, the Criminal Pe tition is allori,ed and thc procccdings in so far as thc petitioncrs-accu sed Nos, I to 5 are conccrncd in C.C.No.265O o{ 2O2l on thc lilc of thc l<-.arncd X Aciditional Chicf Metropolitan Magistratc, Sccundcrabad ior tl-re offerrccs under Scctions 3 & 4 of thc Tclangana Statc Gaming Act, 1974 arc hercby quashed Misccllancous Pctitions, pending if an-1 , sh:-rll stand closccl //TRUE COPY// Sd/. M. NAGAMANI S TANT REGISTRAR / CTION OFFICER To, 1 The X Additional Chief Metropolitan Magistrate' Secunderabad' Hyderabad District The Station House Officer, Chilkalguda Police Station' Chilkalguda' Hyderabad District 2 I /

3. One CC to SRI MIRZA NISAR AHMED BAIG NlZAMl, Advocate IOPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTI t

5.. Two CD Copies VM/gh(Y HIGH COURT DATED: AAATI',1O25 ) ) ORDER CRLP.No.5963 c,f 2021 .1ar-. 15 il[I 2$[ J a'. e ALLOWING THE,]RIMINAL PETITION I t(!g(e'\ t(r--