Karnataka High Court
M/S Sri Rajeshwari Associates vs The State Of Karnataka on 9 November, 2016
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2016
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
WRIT PETITION No.57753/2016 (GM-POLICE)
BETWEEN:
M/S. SRI RAJESHWARI ASSOCIATES
NO.57, AGRAHARA DASARAHALLI
MAGADI MAIN ROAD
BENGALURU-560 040
REP. BY ITS PRESIDENT
SRI. D N NIRANJAN
S/O D M NAGARAJ
... PETITIONER
(BY SRI. RAJU S, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE-560 001
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD
BANGALORE-560 001
3. THE DEPTUTY COMMISSIONER
OF POLICE, CITY CRIME BRANCH
ROYAN CIRCLE, N.T.PET
BANGALORE-560 001
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4. THE DEPUTY COMMISSIONER
OF POLICE
WEST DIVISION
BENGALURU-560 001
5. THE ASSISTANT COMMISSIONER
OF POLICE
KAMAKSHIPALYA SUB-DIVISION
KAMAKSHIPALYA
BENGALURU-560 040
6. THE INSPECTOR OF POLICE
VIJAYANAGAR POLICE STATION
VIJAYANAGAR
BANGALORE-560 040
... RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, HCGP.)
THIS PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER
TO DIRECTION, THAT THE PETITIONER ASSOCIATIONS
ARE A LICENSE UNDER THE LICENSING AND
CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER,
OR UNDER THE KARNATAKA POLICE ACT, 1963 TO
CARRY ON RECREATIONAL AND OTHER LAWFUL
ACTIVITIES LIKE CHESS, CAROM, FANTASTIC-III,
PLAYED WITH 3 DICE BALL, DICE BALL, DART GAMES,
WALL GAMES, ELECTRONIC POKER GAMES, ELECTRONIC
COIN GAMES TABLE TENNIS, CARDS [RUMMY] VIDEO
GAME, POKER, SNOOKER, POOL GAME, BILLIARDS, PING
PANG, JOKER BONUS GAMES, SIX COLOUR, SKILL GAME,
AND OTHER INDOOR AND OUTDOOR GAMES IN THE
PETITION SCHEDULE PREMISES.
THIS PETITION COMING ON FOR PRELIMANARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned Government Advocate to accept notice for respondents No.1 to 6 and file memo of appearance in four weeks.
2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition.
3. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (The Media N Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions:-
"(i) The petitioner shall install within a period of six weeks, CC TV cameras, at all the places of access to its members and also at all the places, wherein games(s) is / are played by the members. The CC TV 4 footage of atleast prior 15 days' period shall be made available by the petitioner, to the police, as and when called upon to do so.
(ii) The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the police, during the raid(s) and survelliance etc.
(iii) The petitioner shall not allow any non-member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities.
(iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka Police Act, 1963. The 5 member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played.
(v) The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlawful manner by the member(s). If the police find that game(s) played is contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law.
(vi) The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being carried on in the petitioner's premises.
(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner - Club / Association.6
(viii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities."
This writ petition is also disposed of in the aforesaid terms.
Sd/-
JUDGE akc/bms