The High Court · 2025

Petition under Section 528 OF BNSS praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmayte ;i;r;;J to quash of ail proceedings against the petitioner/ Accused No.1 in cc irr-o. i+ia ot'2021 onthe file of tne-xtl Aool Judicial Magistrate of First.Class Cum lAddlJuniorCivilJudgeatRajendraNagar,RangareddyDistrictfortheoffences under sections 3,4 TSGA. l.A. NO:2 oF 2025 PetitionunderSection52BoFBNSSprayingthatinthecircumstances stated l;ih; Memorandum of Grounds of Criminal Petition, the High Court may be / ;i;;.;J b stay all further proceedings includins appearance 9f lh9 .e.9titiol.el No.f in CC No. 1418 of lozt on the fite of the Xll Addl Judicial [;;-; ttilaoistrateofFirstClassCumlAddlJuniorCivilJudgeatRaiendraNagar' ii;;;;;;y ;i.i;i io; the ofrences under 3,4 rsGA pendins disposal or the present quash Petition. I I i I I E ! l i I : I i I i I ) i ! I i t I '*--+- - ' 'f This Petilion coming on for hearing, upon perusing the lrlemorandum of Grounds of Criminal Petition and upon hearing the argumenls of Sri NIIVIMALWAR PRAVEEN, Advocate for the Petitioner and SRI JITHENDEFI RAO VEERATVALLA, the Additional Public Prosecutor for the Respondent No.1 ard none appeared for the Respondent No 2. The Court made the following: ORDER a./ .4./ THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.l 1 18 2 ot 2025 ORDER:- This Criminal Petition is filed by the petitioner/accused No'1 under Section 528 of Bharatiya Nagarik Suraksha Sanhita' 2023 seeking to quash the proceedings against him in C'C'No'1418 of 2021 on the file of the learned Xll Additional Judicial Magistrate of First Class-cum-l Additional Junior Civil Judge' at Rajendra Nagar' Ranga Reddy District, registered for the offences punishable under Sections 3 and 4 of Telangana State Gaming Act' 1974

2. Heard Sri N. Praveen, learned counsel for the petitioner as wellasSriJitenderRaoVeeramalla,thelearnedAdditionalPublic Prosecutor representing respondent No 1-State' Perused the record' 3,Thebrieffacts,aSculledoutfromthechargesheet,arethat on 23.07.2020, respondent No 2 received information about gambling, which was in progress at Anmul Catering Godown at Kattedan, and proceeded to the scene and found that the accused were playing three cards game by betting money' Therefore' the petitioner and other accused were taken into custody and also seized net cash of Rs.1,32,4501 and 52 playing cards from the possession of the accused at the instance of Panchas' Later' the .t\t \t 2 \e\ Police have registered a case against the petitioner and other accused for the aforesaid offence and filed charge sheet against

4. Learned counsel for the petitioner contendecl that a false case has been foisted against the petitioner; the poli:e have erred in registering a case in FIR No.6B6 of 2020 against the petitioner and consequently filed charge sheet, which is illegal and arbitrary; the Police have registered the case mechanically without conducting proper enquiry; the petitioner is having good name and reputation in the society and without considering the said fact the Police have mechanically registered the case without followir g any procedure laid down under the Telangana State Gaming Act and the prosecution has not produced any evidence to show that the petitioner was involved in illegal gambling. lt is llrther contended that the game of playing cards is not an offence per-se, it is an offence when it is carried on in a public place or in a common gaming house as defined under the Gaming Act and until and unless the prosecution proves that there was profit or gain by the owner or occupier of the place, the same would not come urrder the definition of common gaming house. lt is also contended th;rt mere playing of cards with stakes will not make the club a common gaming house as i , .t' ,& 3 envisaged under the Gaming Act and the charge sheet do not a gamlng house or not as Per disclose whether the Premises is Section 2(i) of the T.S Gaming Act and if the same is not a gamrng house, then the petitioner cannot be held liable under Section 3 of Telangana Gaming Act. Therefore' prayed to quash the proceedings against the Petitioner. ln order to support his contentions' learned counsel for the 5. petitioner has relied on the decision of this Court in Rudra Srinivas' Karimnagar v. The State of Telanganal and Tholem Narsimha Rao, Kothegudem v' Public Prosecutol'

6. On the other hand' learned Additional Public Prosecutor contended that the matter has to be decided after conducting trial by theCourtbelowandtheproceedingscannotbequashedatthis juncture. Therefore' prayed to dismiss the Criminal Petition' 7 . Basing on the search and seizure report' a crime was registered against the petitioner and other accused vlde FIR No'686 of2oao. I ' crl.P.No.l274i ot2016 dated 2l 0q'2022 ' iri-p.r.r..onei ot 2016 dated 2609 2022 -,1 4

8. On perusal of seizure report, it is evident tha the Police seized an amount of Rs.1 ,32,4501- and 52 playing cards ''rom the accused. No seizure is made from the petitioner/accused No.1 and he is alleged to be the organizer of the said game.

9. Coming to the citations relied upon by the learned counsel for the petitioner, in Rudra Srinivas, Karimnagar v. The Sfate of Telangana (1 supra), this Court has held as under. "The Police have seized betting ractney of Rs.27,330/- and five mobile phones and one notorcycle and 52 playing cards from their possession 'tnder the cover of panchanama in the presence of mediatc'rs.

09. The other ground on which the petitioners have been agitating charge sheet is that the place, tt,here the accused were arrested is not a common ganting house. As per the charge sheet, the accused No.1 is charged for the offence under Sections 3 and 4 of the A.p.Gaming Act. lt is to be noted that in order to fasten tht ciminal liability under Secflon 3 and 4 of the A.P. Gamingy Act, the de-facto complainant has to establish that wh<>ever is found gaming or present for the purpose of gaming in a common gaming house shall be punished. Secllon 3 of the A.P. Gaming Act runs as under. \ t "3. Penalty for opening, etc., a common gaming house - 1[(1) Any person who opens, keeps, operates. uses or permits to be used any common gaming house or online gaming or conducts or assr'sts in conducting lhe busrness of any common gaming house or advances or furnishes money for gaming therein, shall be punishabte - (i) For the first offence, with impisonment for a term which may extend to one (1) year and with fine w\ich may {, ,,' 5 extend to Rs.5,000/- (Rupees Five Thousand only); but in the absence of speciat reasons to be recorded in witing ' 'inZ-iiritn^"nt awarded under this clause shatt be 'i^pion*"nt for not less than three (3) months and fine oiiot r""" than Rs' 3,000/- (Rupees Three Thousand only); (ii) For every subsequent offence' with impisonment for a which' may extend to two (2) years and with fine 'term 'iuni"n *.y extend to Rs 10,000/- (Rupees Ten Thou.sand 'oril, tri i, absence of special reasons to be recorded in *iing tn" punishment awarded under this clause shall be - 1a1ior a second offence, imprisonment for not less than "ir' tai .ontns and fine of not /ess than Rs'5'000/' (Rupees Five Thousand only); (b) For a .fird or '"ubrequ.rt offence, impisonment for not less than one frli"J, *a fine of not less than Rs 10'000/- (Rupees Ten iiour"na only).1 Explanation: - For the purpose of this sectan, the eipression "person" includes the owner' or as the case may be, the occupier of the ptace used as a common gaming house and where such place belongs to * i, o""i,pi"a by a club, society or other association of p"r.or", in" p","on having the care or m-an1!e::nt of 'rri,"i pt*" (2) lt shall not be necess?ty' in oller to conuict any person for opening' keeping or ust.ng or iri,o,ng in" u". of common gaming house or of being '"on"rrnid with the care or management of a common n-u*,rn house, to prove that any person found therein was gaming for money, wager, bet or stake'" 10. Similarly, Section 4 of the A'P' Gaming Act runs as under. "4. 3[Penatty for being found gaming in a common gaming houie - Whoever is found gaming or present for the purpose of gaming in a common gaming house shall' on 'conviction, oe punishabte with impisonment for which may ert"nd to six (6) months or with fine which may 'extena ti Rs. 3,000/- (Rupees Three Thou-sanl^?''') o' iitn oorn.1 1. Substituted by the Act No 43 of 2020' s'3' 'i'.'iJnn"a bv the Act No' 43 of 2O2O' S 4' 3 Substitufed .a \t/ r.i l1{ 1\ ..: .ra:i:r i \" itt - i{; . \,, \ 6 by the Act No. 43 of 2020, S.S. Explanatirtn:_ For the purpose of this section, any person found in atjy common gaming house during gaming therein shatt be prcsumed to have been present there for the purpose of ga,.ning.,, 1 1 . As per Section 2 (1) of the Act, the :iefinition of common gaming house is as under: "(1)'common gaming house,, means _ (i) 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 co|ktn, bullion other commodity or on the digits of the numbe,r used for stating such price; or (c) on the ground of variation in the market t,rice of any commodity specified in item (b) or on the diqits of the rutmber used for stating the amount of such vanation: or (d) on the market pice of stock or share or on he digits of the number used for stating such price; or (e) on the number of registration or on the diqits of the number of registration of any motor vehicle usi.atg a public place; or (f) on any transaction or scheme of wagering or betting in which the receipt or distribution of winningi o, prizes, in money or otherwise, is made to depend on chance, any house, room, tent, enclosure, vehicle, vessel, 1[cyber spacel or any place whatsoever in which the ganinj takes place or in which the horses or other instr )ments of gaming, are kept or used for such gaming; 2l'(ii) in the case of any other form of gaming, t,ny house, room, tent, enclosure, vehicle, vessel, cyber space or any place whatsoever in which any instrument of gaming are kept or used for the profit or gain of the pers;on oining, occupying, using or keeping such house, rcr.tm, tent, enclo.sure, vehicle, vessel, cyber space or any place whether by way of charge, for the use of sur:ft house, a ; I I I I , l -,,{1 7 room, tent, enclosure, vehicle, vessel, cyber space or any place or instruments of gaming or otherwise howsoever; Explanation:- For the purpose of clause(ii), any premise or place or cyber space belonging to or occupied by a club, society, company or other assoc,afions of persons, whether incorporated or not, which is used or kept for the purpose of gaming shall be deemed to be a common gaming house notwithstanding that there is no profit or gain for the club, society, company or other assocrations of persons on account thereof."

12. Therefore, in order to fasten the liability under Section 3 of the A.P.Gaming Act, the prosecution is expected to prove that the place, where the raid was done is a common gaming house. Admiftedly, the place, where the offence was committed is a residential house of accused No.1 . ln order to fasten the liability under Section 2(1)(ii) ot the A.P. Gaming Act, in order to term the house of accused No. 7 as common gaming house, it is lo be proved that the person must use the said premises of his house by charging for the house of said premtses- (ii) ln Tholem Narsimha Rao, Kothegudem v. Public Prosecutor (2 supra), this Court has held as under: "On entering into the said premises, they found that gambling was going on and all eight persons were playing cards by staking amount.

16. Consideing the circumstances, the premises where the petitioners were playing Cards, cannot be termed as a gaming house as defined under Section 2 (1) of Gaming Act, since it is not a gaming house Sectrbn 3 of the Gaming Act is not applicable, thereby the petitioners cannot be punished for the offence punishable under Sectlon 4 of A.P.Gaming Act." \ \ 8

10. The above judgments relied upon by the learned counsel appearing for the petitioner are very much applicab e to the facts and circumstances of the present case.

11. ln the present case, the petitioner/accused lrlo.'1 is alleged to be the organizer of the said game and no seizure is made from him and the premises where the accused were apprehended is Anmul Catering Godown at Kattedan. Therefore, this Court is of the considered view that a Godown cannot be held to be a common gaming house as defined under Section 2(i) of the TS Gaming Act. Hence, the ingredients under the provisions of T {i. Gaming Act do not attract as there is no evidence to show that tt'e Godown where the accused were playing three cards game b'; betting money. Therefore, the Godown cannot be termed as ,)fmmon gaming house. Hence, the offences alleged against the pt:titioner are not at all attracted. ln the said circumstances, the proceedings against the petitioner are liable to be quashed.

12. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.1 ir tl.C. No.1418 of 2Q21 on the file of the learned Xll Additional Judicial Magistrate of First Class-cum-l Additional Junior Civil Judge, at Rajendra Nagar, Rang+fleddy District, are hereby quashed. I :tlxrl:aaFsr$r i -.:_ ..1:-.: - ,/ -./ -A 9 I I i I I I I I i I Pending miscellaneous applications' if anY, shall stand closed Sd/. P. CH. NAGABHUSHAMBA DEPUTY REGISTRAR e //TRUE COPY/I sECTloN OFFICER To, Ciril Jrdg" at Rajendra naoar' Ranqareooy L'jrsr'rrut'

1. The Xll Additional Judicial Magstrate of Fi:::.,Ci:": cum I Additional Junior ' 2. The Station uouse otricei''lilii"o"'t'o9rrv'Police Station' Cyberabad' ;. il"Et; snr uwrt'rnlwnn pnnvrer't Ad-vocate IOPUCI 4. Two CCs to PUBLIC pno6it-uion nigrr court for the State of Telangana' at HYderabad. [OUTI 5, Two CD CoPies GR/kam N/ HIGH COURT DATED:0110912025 ORDER CRLP.No.11182 ot 2025 OF '-1. (( 1r .L\ \ -+ ;t ,c .t. ,.. l{ t- {! ;t (2. ,/.r" $ gf. ..-:;; ALLOWING THE CRIMINAL PETITION 1 l\1