M/S New Maruthi Recreation Association vs The State Of Karnataka on 2 June, 2016

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Karnataka High Court

M/S New Maruthi Recreation Association vs The State Of Karnataka on 2 June, 2016

Bench: S.Abdul Nazeer

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 2ND DAY OF JUNE, 2016

                           BEFORE

       THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

       WRIT PETITION No.27660 OF 2016(GM-POLICE)

BETWEEN:

M/S.NEW MARUTHI
RECREATION ASSOCIATION
NO.254, GALAXY PLAZA
SHOP NO.43/44, BASEMENT FLOOR &
NO.01, FIRST FLOOR
S.C.ROAD, BENGALURU - 560 009.
REPRESENTED BY ITS SECRETARY
SRI.N.PUTTARAJU
S/O.NANJEGOWDA
AGED ABOUT 43 YEARS.
                                         ...PETITIONER

       (BY SRI. RAJU.S, ADV.)

AND

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       HOME DEPARTMENT
       VIDHANA SOUDHA
       BENGALURU - 560 001.

2.     THE COMMISSIONER OF POLICE
       INFANTRY ROAD
       BENGALURU - 560 001.

3.     THE DEPUTY COMMISSIONER
       OF POLICE, WEST DIVISION
       BENGALURU - 560 001.

4.     THE ASSISTANT COMMISSIONER
       OF POLICE
                            2



     CHIKKAPET POLICE STATION DIVISION
     BENGALURU - 560 002.

5.   THE POLICE INSPECTOR
     UPPARAPET POLICE STATION
     BENGALURU - 560 002.

6.   THE ASSISTANT COMMISSIONER OF POLICE
     CITY CRIME BRANCH, ROYAN CIRCLE
     N.T.PET, BENGALURU - 560 001.
                                      ...RESPONDENTS

     (BY SMT. PRATHIMA HONNAPURA, HCGP)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, THAT THE PETITIONER ASSOCIATIONS
ARE A LICENSEE UNDER THE LICENSING THE 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, WALL GAMES 3 WITH DICE BALL, DART GAMES,
SKILL GAME, POCKER, VIDEO GAMES, WALL GAMES, PING
PONG, SNOOKER ELECTRONIC COIN GAMES, TABLE TENNIS,
CARDS (RUMMY) SIX COLOUR GAME AND OTHER INDOOR AND
OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS AND
ALSO SOCIAL SERVICE AND ETC., AND OTHER INDOOR AND
OUTDOOR GAMES IN THE PETITION SCHEDULE PREMISES.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

                       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 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. 4

(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 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.

(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/-

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