The High Court · 2025

This Fetition coming on for hearing, upon peru:i 19 the Memorandum of Grounds of Crirninal Petitibn and upon hearirig the argun ents of Mr.G Rajeshwar Rao, Advocate for the Petitioner and Mr. Jithender Rzrr Veeramalla, Adch'tional Public Prosecutor, High Court for the State of Telanga r a, Hyderabad on behalf ofthe Respondent No.1/ State and none appeared for Ft spondent No.2 I The Court made the following: ORDER: IN THT'. IIIGH COURT FORTHESTATE OFTE AT HYD ERABAI) LANGANA THE HONOT]RABLE SRT JUSTTCE J.SREENTVAS RAO CRIMINAL PETITION No.17417 of2O25 Date ':.23.12.2025 Between: Ravipati Ramesh and six others AND . . .Petitioners The State of Telangana, Rep., its Public Prosecutor, ffign Coun of Telangana at Hyderabad and another ...Respondent ORDER This Criminal Petition has been filed seeking to quash the proceedings in C.C.No' 1643 of 2025 on the file of X[ Additional Metropotitan Magistrate at Rajendrangar' Ranga Reddy District' wherein the petitioners were arrayed as accused Nos'l to 7 for the offences punishable under Sections 3 and 4 of TS Gaming Act'

2. Heard Mr.G.Rajeshwar Rao, learned counsel for the petitioners through video conference and Mr'Jithendar Rao Veeramalla, teamed Additionat Public Prosecutor for respondent No.l. 2

3. Learned counsel for the petitioners sub nitted that the petitioners have not cornmitted the offences an< that they were falsely implicated in the present case. He furtlrr:r submitted that, even according to the allegations made in the corn )lainr as wefl as the final report, the ifigredients of the offenccs r nder Sections 3 and 4 of the TS Gaming Act are not attracted. ll also submitted that, in similar circmstances, this Courr allowert ( rl.p.No.5l69 of 2023 vide order dated 10.08.2023. Pursuanr r( rhe said order, C.C.No.1643 of 2025 is liableto be setaside.

4. Leamed Additional Public Prosecutor has ror opposed the submission made by the leamed counsel fbr perirrt.r ers

5. Taking into consideration the subnrissiorrr rnatle b_y thc respective parties and the order passccl lx rhis ('ourt in Crl.P.No.5l69 of 2023, dated 10.08.2021. this crir rinal pctit.ion is allowed. The proceedings against the petitioncr sr; r cuscrl Nos. I to 7 in C.C.No.l643 of 2025 on the fitc or' XI Additional Metropolitan Magiseate at Rajendrangar, Ranga l{: ldy, I)istrict are hereby quashed. 3 Pending miscellaneous applications, if any, shall stand closed. I I \ ,,TRUE COPY// SD/. P.C. SULEKHA DEVI ASSISTANT REGISTRAR SECTION OFFICER To, 1 . The Xl Additional Metropolitan Magistrate at Raje (anagar. Rangareddy District.

2. Tte Station House Offrcer, Shamshabad Police Station, Cyberabad Commissionerate, RarEareddy District-

3. One CC b Sri. G.Rajeshwar Rao, Advocate [OPUC] 4. Tu/o CCs to the Public Prosecutor, High Court for tlre State of Telangana, Hyderabad tOUTl.

5. Two CD Copies. PSK /SA I I i|:: 'L \ HIGH COURT DATED:2311212025 ORDER CRLP.No.17417 a+ 2025 ? i 1i i SI4r{: \.) i-) \ "-/ t 3 F rAN 2026 7 * l, \T ALLOWING THE CRlft/llNAL PETITIOh ) K2) rql'la6 (l HONOI'RABLE SIIT JUSTICE G.AIIUPAMA CTIAI(RAVARTEY CRIMINAL PETITION No. 5169 of 2o23 OR D ER: This Crirninal Petition is fiied under Section 482 of Code of Criminal Procedure (for short 'Cr'P C') by the the proceedings petitioners/accused Nos.l to 8 to quash against them in C.C. No'452 of 2023 on the file of the X Additional Metropolitan Magistrate, Ranga Kukatpally, registered for the offences undcr Sections 3 and 4 of Reddy District at Telangana State Gaming Act, 1974-

2. The brief fabts, as culled oul from thc charge sheet' are that on OE.O2.2O2}, respondent No.2 received information about gambling, which was in progress at Ilobby Room in Club House at DSR Fortune Prime Apartme nt' Madhzrpur' and after obtaining search authorization to <:oncluct raid L'idc proceedings No. l2/Search/ACP-MDPUR I Cyb I 2023' ptot'ecded to the scene andfoundt}ratthepetitionersrvercLnclttlgedinplayingthree card game by betting money Ther elor< the petitioners were takenintocustodyandalsoSeizednctcaslro[Rs.3,60,59o/-, eight smart phones and three sets of usecl plerying cards kom 2 CAC, J Crlp 5169 202:1 the possession of the petitioners at tJle I .stance of Panchas later, the police have registered a case against thc petitioners /accused Nos.l to 8 for the al >resaid offence and filed charge sheet against them.

3. Heard learned counsef for tht petitioners and Sri S.Ganesh, learned Assistant Putr ic Prosecutor lor respondent Nos.l and 2. Perused the recolr

4. Leamed counsel for the petitioners c3 rtended that a fals<' case has been foisted against the petition )rs; the police hav< erred in registering a case in FIR No.L72 tf 2023 against thc petitioners and consequenfly filed charge s; Leet, which is illcgrr I irnd arhirrary; the police have registered t r : case mech:tnt<:rLll\ u,rthout conducting proper enquiry; .. re petitioncr-s ir-(' busrnessmen having good name and rept.t ation in tht' stii tr \ and $,ithout considering the said fact the polic c It rt vt mechirnrr:ally registered tJ:.e case with )ut [ollr;rvtng iu r\ procedure laid down under the Telangar t State Carlirtq A, t and thr: prosecution has not produced ar y erridencc lo sltotr that the petitioners were involved in ille1 al gamblirtg I( rs lurther contended that the game of play i rg carcls ts tlot ittl 3 GAC, J Crlc-s169 2023 offence Wr-se, it is an offence-when it is carried on in a public place or in a comrnon 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 under the definition of common gaming house. It is also contended that mere playing of cards with stakes nrill not ma-ke the club a cornmon gaming house as envisaged under 'the Gamrng Act and the charge sheet do not disclose whether the premises is a gaming house or not as per Section 2(i) of the T.S' Gaming Act and if the same is not a gaming house, then 'the petitioners cannot be hetd liable under Section 3 of Telangana Gaming Act' Therefore' praycd to quash the proceedings against the petitioners' In order to support his contenttons learnc<l counsel for 5. the petitioners has relied on the decision ol tl-tis Cotrrt in Rudra Sriniucs, fiarlmnagar u' The State of 'telanganal aod Tholetn Narsimh.a Rao, Kothegudetn v' Public Prosecutorz'

6. On the other hand, learned Assislant hrt)lic Prosecutor contended. that the matter has to be decided aftcr t:ottdtrcting trial by ' crr.p.No. 12743 of 2016 &d 21.092022 ' crl.P.No-69E7 0f 2016 datd 26 09.2022 4 GAC, J Crtp-s169 2023 the Court below and tJle proceedings ca.nnc( be quashed at this juncture. Therefore, prayed to dismiss the (l iminal Petition. 7 . Basing on the search and seizure r :port, a crime was registered against the petitioners/accused No.l to 8 vide FIR No. 1 72 of 2023. B- On pemsal of seizure report, it is evi lent that the police have summoned the petitioners in ttle lresence of Panch witncss namely, Md.Shabaaz and Mrrtylt a Praveen Kumar. Further, the seizure report also discloses that an amount of Rs.3,60,59o/- was seized frorn the I) :titioners, wherein pe titioncr/ accused No. 1 was found n possession of Rs.52,00O/ -: petitioner/accused No.2 was : cund in possession ol Rs.35.OO0/ -; petitioner/accused No. I was found i n possession of Rs.45,O00/-; petitioner/acctLr ed No.4 was found ir-r posscssion of Rs.20,5OO/-; petitioner/ accused No.5 r.t,a s lound in possession of Rs.40,0O0/-; petit oner/accused No.6 u,as lound in possession of Rs.3O,OOO/-; petitioner/ accuscd No-7 was found in possession of Rs.28,090/- and petitioner/ accused No.8 was found n possession of Rs.1,10.00O/ 5 CAC, J Crlp-3169 2023

9. Coming to tJ-e citations relied upon by the learned counsel for the petitioner, in Rudrt Srtntrlas, Karimnagar u' The State of Telangalr.la (1 sapra), this Court has held as under" 'The Polie la ue seird betting moneg of Rs.27,33O/ - ond fiue mobile planes antd one motorcgcle and 52 plaging wrds from their possessi'o n under the couer of panchanamo in tle presence of mediators O9. The otler ground on ttthich tle petitioners haue been agitating chorge sheet is tlwt the place, uthere the o"ru""d ttere arrested is not a common gaming house. As per the charge sheet, the arcused No-1 is charged for the offence unil,er Sectbns 3 and 4 of the A P Gaming act. ii is to be noted that in order to fosten the ciminal liabilitg under &ction 3 atd 4 of the A'P' Gamtnq Act' the d;-facto @mplainant hss to estoblish that uthoeuer is fouid qaming or present for tlrc purpose ol gaminq in o "o^ on gaming touse shnll be punished' Section 3 of tte A.P. Gaming Act runs as under: - ''3. Penaltg for opening, eb-, a @mrrlon gaming hous<: - 1l(1) Ang perxn wlo opens, keeps, operates' u'sc-s or p"i*it" to ie used dng @mflLon gaming house or onhnt' 'gaming or condrlcis or assists in conductinq tht' "brsit ess of ong ammon gaming Ltouse or aduanc-t's or monaA for gaming therein, shall ln' lumishes punishable - '(i) For the first offene, utith imprisonment for a rct rrt 'uhrch ma[ erterrl to orrc (1) gear and tuith finc 1t'ltrclr mag exteid to Rs.S,OOO/' (Rqtees Fiue Thousand ottlyl to be recordt'd tn bul in the absence of qeciol r€osons uriting, the puni.shnent awarded un'der this clttust' impisonment for not less thon three (3) motttlts and Jine iS ,-t L"s thon Rs' 3,OOO/- (Rupees Thru' Thousand only); rne nt Jor (ii) For euery 'a'term uthiih may ertend to tun (2) geors and uttlt lnc uhich moA e,ctand to Rs.IO,OOO/ - (Rupees l'en TLnusand inlg), but in absene of special reasons to bc ent offen@, utith impriso -n -subt"E "ie 6 GAC, J Crlp-s169 2023 recorded in utiting the punishment au)@rc clause sltnll be - (a) For a seand olfenee for not less than six (6) months and fne o1 Rs.5,OOO/- (Rupees Fiue Tla usand onlg); or subsequent offence, imprisonm-ent for one (1) gear and fine of aot less than (Rupees Ten Tlausand onJg).1 Erylartari purpose of thi-s section, the eryression "p<t the outner, or os the cose taA be, the ,t place used as a common gaming house an place belongs to or is ocanpied bg a c'.t other ctssoctotion of persons, tlLe person ltr or management of such ploce. (2) It necessarA, n order to conuict anA persc't keeping or using or pennitting the u:;t gaming house or of being concem.ed utit managemenl of a common gaming Lause , an u pcrson found therein utas gamir.l utaqer. bet or stake." zd under this '.mpixnment not less than b) For a third aot less tlan Rs.1O,OO0/ - n: - For tle son" tncfudes anpier of the I utlere s,ach b, societg or 'Dittg the care ;kall tat be for opening, of @'rimon t the care or to prwe thnt for moneg, lO Similarlg, Section 4 of the A.P. Gamin 1 Act rwls as un tler: "4 3lPcnalty jbr being found. goming i qarninq Lrcuse Whoeuer is Jound gamin4 the pttrlnsa of gommg in a common gam t c;n coruticlrcn. be puntshable uith impris t<,rn utlttch rnatl extend to six (6) montlu ruhu'h nrcrry extend to Rs. 3,OOO/- (F Il'o,?s.r,rd onlry) or utith both.l I. Substitut i\i o 1.) of 2O2O, S 3. 2. Inserted by the . -)().)o. s 4 .) Substttuted by the Act No. 43 Esltkutotrctn For the purpose of this l1t.t.ttu lound in ang common gaming (lontitlq thtretn shall be presumed to hau z thc'rt lor the purpose oJ'gamlng." t a cotanon )r Present for t house slto/l,, ,nment for a or uith fine tpees Three d bg the Act ld No. 43 of of 2O2O, 5.5. sedior\ ang ,ouse during been present I I As per -\'('.'lron I (l ) of the Act, th2 corr/Irolr qaminq house is as und-er: definition of '(l ) ll)tnmon gaming house , means - (t) u1 tl'Lc case of gaming ' lel on e horse race except in the mann? prouided. in cttutst' (2): or (b) on the market pnce of ( )tton, bullion 7 cAc, J Crlp 5 t69 2023 on ing transaction or scheme of uagerynS or otller @mmoditg or on the digits of the number used for stating such Pie; or (c) on-the griund of uoriation in the market price of ang 'arnmoditg specifed in item (b) or on tle digi6 of the number isecl for stoting tLrc amount of such uaiation; (d) on the market pie of stack or slare or on the digits of the number used for stating sttch prtce; or -. . (e) on the number of registration or on th'e digits of the 'number of registration of ang motor rtehicle using a public place; or '(fl ^betting in which the receipt or dktribution of uinnings of prizes' in moneg or othenoise, is made to depend on cLronce, any ho.-use, room, tent, enclosare, uehicle, uessel' t[iyber spoce] or ang ploe utlnLsoeuer in uhich the g'o:^ing iakes place or in uhich tle lorses or other "inshtlments oi gaming, arc kePt or used for such gamlng; tLrc case of ang other form of gaming, ang 2["(ii) in room, tent, enc)osute, velide, uessel, cgber house, space or ang place uhatsoeuer in uthich ang instrument i1 go^ing are kept or used for tle profit or gain j"lron oining, occupAing, using or keeping- such hnuse ' 'room, tent, enclosure, whide, uessel, cgber space or ang place ohether bg tuog of clarge, for tle use.of such hoiuie- ,oom, tent, enclosre, vehide, uessel, cgber space or any place or in struments of gaming or othenuise housoeuer; Explanation:- For the purPose of dause(ii), onA.pr:?l"ise sr'place or cgber spa@ belongitlg to.or.occupied bg a cLub, societg, compang or otler associatrons of persons' Luhe,ther inlorporated or not, rahich i's u*d or kept for the purpose of gaming shall fu deemed to be a ammon grii"j housi iotuithstanding tho;t tlere is no profi.t or iain fir the club, societg, comPdng or oth'er a'ssoctouons i1 p.rtont on account thereof-" 12. Therefore, in order to fasten t|e liobilitg unrler Section 3 of the A.P.Gaming Ad, tle pro*cution is plrce, wlere the raid uas expected to proue thot .the done ts a common gammg house. Admitedlg, the place' uthere the offence was ammitted' is a residential house i1 o..r="d'No.1. ln order to fasten the. liability under iection 2( l)(ii) of the A.P. Gamirq Act, in order to term .of 8 GAC, J Cr&-s r 69-2()23 tle house of accused. IVo. I as comtrton gar ing house, it is to be proued that the person must LSe tte said premises of his house bg charging for the uuse of said premises. {ii) ln Tholetn Narsirnha Rao, Kott''t gudem tt. Prtblic Prosecutor (2 supra), this Court has held as under: 'On enteing into the said premisc., they found thot gambling tuas going on and all eight rcrsons uete plaging cards by staking amount.

16. Considering thc circturtstttrtccs. lhe PrenL;es where the Wtitioners u,erc pluvittl! ( urds. cunnttl be tern t I as a gaming house as dqfincd n.kr l( tk't ) ( I ) of Gaming t t ', since it is not a gaming house Setrron J ol tht Guming Act i; aot applicable, thereby the pet nncrs Lunn(tt h( punished l'r the oftnce punishable under St't'tttn'! ol .l l'GumtngAct."

10. The above judgments rclicd upon by 1:re learned Counsel appearing for the petitiollers are very mu: r applicable to the facts and circumstattces o[ t he present cas€.

11. In the preserrl c:rsc. the petitioner/,r )cused No. I is the owner of the property btr t the llremises I r used for playing garnes. Therefore. thrs Court is of the con:; lered view that the house of petitior-rer No.l is not a comlr ln gaming house. Hence, the ingredients Llndcr the provrsion; of T.S. Gaming Act do not attract as tllere is no evidence to sh: ru that the house of peLitioner/ accused No. I is being used for rlaying three cards 9 GAC, J Cdp-S 169-2O23 game by betting money. Therefore, the house of petitioner/accused No.1 cannot be termed as cornmon gaming house. Hence, the offences alleged against the petitioners are not at all attracted. In the said circumstances, tJre proceedings against the petitioners are liable to be quashed

12. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 to 8 in C.C. No.452 of 2023 on the hle of the X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. Datc: I0.08.2023 TMK G.ANUPAMA CIIANRAVARTHY, J