Madras High Court
D.Kannan vs The Inspector Of Police on 4 February, 2015
Author: C.T.Selvam
Bench: C.T.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.02.2015
CORAM
THE HON'BLE MR.JUSTICE C.T.SELVAM
CRL.O.P.(MD)No.1573 of 2015
and M.P.(MD) No.1 of 2015
D.Kannan .. Petitioner
.. Vs ..
The Inspector of Police,
Thirupuvanam Police Station,
Thirupuvanam,
Sivagangai District.
(In Crime No.21 of 2015) .. Respondent
Criminal Original Petition filed under section 482 of the Code of
Criminal Procedure, praying to call for the records relating to the F.I.R.
registered in Crime No.21 of 2015, on the file of Respondent Police and to
quash the same.
!For Petitioner : Mr.H.Mohamed Imran
for M/s.Almal Associates
For Respondent : Mr.K.Anbarasan
Government Advocate(Crl. Side)
:ORDER
This petition has been filed under Section 482 Cr.P.C, praying to quash the case in Crime No.21 of 2015, pending on the file of the first respondent Police.
2.Heard the learned counsel for the petitioner and also the learned Government Advocate (Crl. Side).
3.This petitioner is one of the 9 accused against whom F.I.R. in Crime No.21 of 2015 stands registered by the respondent for offences under Sections 8 and 9 of Tamil Nadu Gaming Act, 1930. A reading of the F.I.R. informs of arrest of the 9 accused on 16.01.2015 on finding them gambling during a game of cards. A sum of Rs.1090/- was seized. The offence under Sections 8 and 9 of Tamil Nadu Gaming Act, 1930 deal with penalty for opening a common gaming house and penalty for being found gaming in a common gaming house. Therefore the pre-requisite for attraction of offence under Sections 8 and 9 is that the acts complained of must have been committed in a common gaming house.
4. Common gaming house is defined in Section 3 of the Act as follows:
?3. In this Act, unless there is anything repugnant in the subject or context -
'common gaming-housing' means any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent enclosure, vehicle, vessel or place whether by way of charge for the use of instruments of gaming or of the house, room, tent, enclosure, vehicle, vessel or place or otherwise however; and includes any house, room, tent, enclosure, vehicle, vessel or place opened, kept or used or permitted to be opened, kept or used for the purpose of gaming;
'gaming' does not include a lottery but includes wagering or betting.?
5.The complainant in the case is the first respondent Inspector of Police. In the instant case the accused admittedly have been found gambling in the house belonging to the second accused. The present case is an instance of persons gambling over a card game and there is no accusation of the second accused using his house as a gaming house and towards reaping profit or gain by so doing.
6. The observation in the judgment of the Panjab - Haryana High Court in Kanwardeep Singh vs. Union Territory Chandigarh on 24 December, 2008 in Crl.M.P.No.54959 of 2006 are apposite:
"In view of the facts and circumstances of the case, I am of the considered opinion that the premises, which was subjected to search and seizure under Section 5 of the Act, could not be termed as a common gaming house, and therefore, continuance of proceedings, as against the petitioner, would be a clear abuse of the process of law and the abuse of process of court. There is no dispute to the fact that the incident is in immediate proximity in time to Diwali festival. Any and every case of playing cards, particularly during festive season, in private property not for the gain and profit of the occupier or owner of property cannot be termed as gambling in a common gaming house, under the Act, to constitute an offence. I am of the opinion, taking in view the facts and circumstances of the case, that it is a case of playing cards during Diwali festivities. The incident is neither in a public place nor in a common gaming house (as defined under the Act). The facts and circumstances do not spell out commission of any offence under the Act."
7. In the case referred to, the incident had taken place during the Diwali festival. In the instant case, the incident had taken place during the Pongal festival.
8. This Criminal Original Petition is allowed and F.I.R. in Crime No.21 of 2015 on the file of the respondent police is quashed. Consequently, connected M.P.(MD) No.1 of 2015 is closed.
04.02.2015 Index : Yes/No Internet: Yes/No sj To
1.The Inspector of Police, Thirupuvanam Police Station, Thirupuvanam, Sivagangai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court Madurai.
C.T.SELVAM, J.
sj CRL.O.P.(MD)No.1573 of 2015 and M.P.(MD) No.1 of 2015 04.02.2015