The High Court · 2025

1 The State of Telangana,, Rep by its Public Prosecutor' High Court Building' Hyderabad. Sri. T. Naqabushanam, s/o Not Known, Aged about.Not Known, Occ.Sub inspector oT Police Meerpet Police Station, Ranga Reddy 2 Petitioner/Accused No.1 ...ResPondenUCom Plainant 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 pteased to Quash the c.c No. 3776 of 2025 on the file of vl Addl. Junior civil Judge Cum Vl Addl. Judicial Magistrate of First CIass Ranga Reddy District at L.B Nagar, registered under section 3 and 4 of T S Gaming Act against the petitioner/Acculed No. 1 and pass such other order or orders may deem fit and proper in the circumstances of the case. l.A. NO: 1OF 2025 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 stay all further proceedings c.c No. 3776 of 2O25 on the file of Vl Addl. Junior Civil Judge Cum Vl Addl. Judicial Magistrate of First Class Ranga Reddy District at L.B Nagar, registered under section 3 and 4 of T S Gaming Act againit the petitioner/Accused No. 1 and pass such other order or orders may deem fit and proper in the circumstances of the case. - This Petition coming on for hearing, upon perusing tre Memorandum of Grounds of Criminal Petition and upon hearrng the arg I nents of Sri Badra Nanavath, Advocate for the Petitioner and the public prc;ecutor (TG/AP) on behalf of the Respondent No. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14887 OF 2025 OR.DER: This Criminal Petition is filed by the petitioner / accu sed No 1 under Section 528 oi Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the proceedings against htrn rrt C.C.No.3776 of 2025 on thc hle of the lcarned VI Additional Junior Civil Judge-cum-VI Additional Judicial Magistrate of First Class, Rzrnga Rcddy District, at L.B Nagar, rcgisterecl for the offences punishable undcr Sections 3 and 4 of 'lelangana State Ganing Act, 1974.

2. Hcard Sri Badra Nanavath, learned counsel for the petitioner as well as Sri Jitender Rao Veeramalla, tlle learned Additional Public Prosecutor representing respondent No.2-State. Perused the record

3. Thc brief facts, as culled out from thc chargc sheet, arc that on

24.O7.2025, respondent No.2 received information about gambling, which was in progrcss at Plot No.374, Vishweshwariah Engineers Colony, Hasthinapuram, Saroornagar Mandaa-I, Rangareddy Dlstrict, and proceeded to the scene ald found that the accused wcrc playing three cards game by betting money. Therefore, the petitioner and other accused werc taken into custody altd also seized net cash of Rs. 19,74O/-, mobiie phone (03) and playing cards - (O 1) set from the possession of the accused at thc instance of Panchas. Later, the Police have registered a 2 case against the petitroner an(l othcr accuscd for th( [orcs:ric] offence arrcl Iiled charge shect a{<antst thcm.

4. Lealned counscl for the 1;etitior.rer contcndcd tirirI lu laisc case h:rs becn loisted aqainst tfrc petitior.ter, thc police havc cr.r cc rn r cuistering a casc agarinst til(. [)etiliolter and consequcntly liled ch:rr rir sh.(.1 . wlrich is illegal and arlritrar-r,; thc Policc havc rcgistered the t r ;e ntcchalrcall,y without conducting propcr enqrrirl, :rnc[ ryrthout follon in 1 anv pro< cdure laid dou.n unrlcr rhe Tclanganzr Statc Gaming Act an( lhc prosecu tion has not 1;roduced anv eviclence 1o shrtw.that thc petitrt r t'r u its itrvoh ccl ii'r illegal gambling. He frrrther contcnderi that thc ganrr, rf pl:n ing cards is not an offence per-se, it is an offcncc whcn it is carrr: I on rn a pubhc placc or in a r:ommon gaming house as defined unrlt'r l1e (lamilrg Act and until and unlcss tltc prosccution proves that thelc ,r rs profit or gain by the orvr-rer or occrrpier of thc plarcc. thc same rvoulrl rot r:orrrc undt,r the clehnition of common gaming house. [t is also corrrt nderl that mcrc plaving of cards with stakes wrll not nrake the club ir < rmnron g:tming house as envisaged under the Gaming Act alld the chi r jc sheet do rlot disclose whether the premises is a gaming house or rro as pcr Scction 2(1) of the T.S. Gaming Act arrd if the same is not a garr ng housc. then the petitioner cilnnot l)e hcld liablc under Section 3 of 'li.l ugana Girming Act. Therefore, prayed to quash the proceedings against t re pctitioner.

5. On.. the othcr harncl, Iearncd Additional pr lLc prosecutor contended that thc matlcr has to bc decided zrfter condtrc ing trial by thc i I Y I I I Court below ald thc proceedings cannot bc quashed at this juncture Thercfore, prayed to dismiss the Criminal Petition.

6. In the light of the submissions made by both the learned counsel and upou per-usal ol the matcria-l avallable on rccord, this Court is of thc considerecl view thttt the alleged premises cannoL be hcld to be a common gaming house as cichned under Section 2(1) of the TS Gaming Act' Hencc, the ingredicnts under the provisions o[ T S Gaming Act do not attract as there is no evidence to show that the alleged premises wherc the accused r,r'e re playing three cards game by betting money Therefore' it cannot be termcd as common gaming house Hcnce, the offcnccs allegcd against thc petitioner arc not at all attra(:tcd' In the said circumstances, thc proceedings against the petitioner are liable to be quasl.rcd. 7 . Accordingly, the Criminal Petition is allowed and the proceedings against the petitionc r / accused No. I in C.C.No.3776 ol 2025 on the file of thc leamed VI Adrtirional Junior civil Judge-cum-Vl Additional Judicial Magistrate of First Class, Ranga Reddy District, at L B Nagar, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed' /ITRUE COPY// SD/- T.SRINIVASAREDDY ASSISTANT REGISTRAR /t-- SECTION OFFICER To, 1 2 3 o 4 The Metropolitan Magistrate, Ranga Reddy District at L B Nagar' The Rachakonda Commissionerate, Meerpet Police Station Two CCs to Public Prosecutor, High Court for the State of Telangana' Hyderabad IOUT] One CC to Sri. Badra Nanavath Advocate [OPUC] 5 Two CD CoPies. -;:tH-E DATED:14111t2025 1 ,$ s\ i\ \ )I t\ + 1, ( q ou- # ORDER GRLP.No.14887 of 2025 THE CRIMINAL PETITIONS IS ALLOWED. I I L