Karnataka High Court
M/S Bambino Associates vs The State Of Karnataka on 25 September, 2018
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2018
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION No.21772 OF 2015
& WRIT PETITION No.21803 OF 2015 (GM-RES)
BETWEEN:
1. M/s. Bambino Associates
Fantastiac-3, Shop Nos.10 & 11,
Ground Floor, 5th Avenue,
Brigade Road,
Bengaluru-560 003,
Represented by its President.
2. Sri. Ajay
S/o. Narayana Gowda,
Aged 19 years,
Member,
M/s. Bambino Associates (F-3),
R/o. No.15,
Near Devadas Petrol Bunk,
Vasanthnagar,
Bengaluru-560 012. ...Petitioners
(By Sri. Vinod Kumar M, Advocate)
AND:
1. The State of Karnataka,
Represented by its Secretary,
Home Department,
WP No.21772/2015
& WP No.21803/2015
2
Vidhana Soudha,
Bengaluru-560 001.
2. The Commissioner of Police,
Infantry Road,
Bengaluru-560 001.
3. The Police Inspector,
Cubbon Park Police Station,
Bengaluru City-560 001.
4. The Sub-Inspector of Police,
Cubbon Park Police Station,
Bengaluru City-560 001. ...Respondents
(By Sri. Chetan Desai, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India read with Section 482 of Cr.P.C
praying to declare that the registration of FIR in Crime
No.200/2014 of Cubbon Park Police Station vide Annexure-B
on the wrong assumption that Fantastic-3 is a game of
chance, even though it is declared as a 'Game of Skill' and
license is not required, is contrary to the law laid down by
this Hon'ble Court and without the authority of law and etc.,
These Writ Petitions coming on for Preliminary Hearing
in 'B' group this day, the Court made the following:
ORDER
The petitioners have preferred these petitions for the following reliefs :
WP No.21772/2015& WP No.21803/2015 3
" (i) Declare that the registration of FIR in Crime No.200/2014 of Cubbon Park Police Station vide Annexure-B on the wrong assumption that Fantastic-3 is a game of chance, even though it is declared as a `game of skill' and license is not required, is contrary to the law laid down by this Hon'ble Court and without the authority of law;
(ii) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the FIR in Crime No.200/2014 of Cubbon Park Police Station vide Annexure-B registered for offences under Section 188 IPC read with Sections 78-B and 79 of Karnataka Police Act on the basis of Government Order dated 12.9.2013 which has been withdrawn by the Government, as being without the authority of law, contrary to the directions of this Hon'ble Court.
(iii) Issue a writ of mandamus directing the respondents 1 and 2 to implementing WP No.21772/2015 & WP No.21803/2015 4 the directions issued by the Hon'ble Supreme Court of India in the case reported in 2014 (8) SCC 273;
(iv) Restrain the respondents police from interfering with the running of first petitioner club by conducting Fantastic-3 Game, which is a game of skill;
(v) Initiate contempt proceedings
against the respondents for having
disobeyed the directions of this Hon'ble Court and interfering with the activities of first petitioner which is contrary to law;
(vi) Pass any other appropriate order or issue suitable direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."
2. The summary of the FIR in Crime No.200/2014 of the 4th respondent-Police, quashing of which FIR the petitioners have sought, is that the said police WP No.21772/2015 & WP No.21803/2015 5 conducted a raid on 19.9.2014, at about 8.30 p.m. on a premises with the name "Fantastic-3", which according to the complainant-Police, was a recreational club. According to the complainant-Police, certain acts of gambling and betting was being conducted in the said premises. As such, they said to have seized the articles said to have been used for the said activities and collected the details of the persons involved in the said activity and registered a complaint in their station Crime No.200/2014 against nineteen accused. The present petitioner No.1 which claims itself as a club, registered under the Karnataka Societies Registration Act, 1960, in the name "M/s.Bambino Associates", has preferred the writ petition.
3. The learned counsel for the petitioners in his argument submitted that the premises on which the police conducted their raid pertains to the petitioners' WP No.21772/2015 & WP No.21803/2015 6 Association, as such, the petitioners have preferred these writ petitions.
Learned counsel also submitted that despite the direction by this Court that the police should not conduct any raid with respect to the petitioner-Association, since the police have conducted a raid, he has sought for initiation of contempt proceeding against them, as such, the petitions are maintainable.
4. Learned High Court Government Pleader appearing for respondents in his argument submitted that the very writ petitions are not maintainable in view of the fact that, even according to the complainant- Police, the alleged raid was not on the Association of the petitioner No.1, but, it was on a premises with the nomenclature "Fantastic-3", which is a proprietorship concern.
WP No.21772/2015& WP No.21803/2015 7
Learned High Court Government Pleader further submitted that the alleged violation of direction by the respondent-Police can be agitated by the petitioners by instituting a suitable proceeding under law, including the contempt of proceeding, but, not in the form of present writ petition seeking quashing of FIR registered against a proprietorship concern, represented by its Proprietor and other people.
5. A perusal of the complaint and the FIR clearly go to show that the complainant has categorically and specifically stated that the premises on which the alleged raid was conducted was "Fantastic-3", which according to the complainant, was a recreational club, whereas, the petitioner herein is M/s.Bambino Associates, said to be represented by its President. WP No.21772/2015 & WP No.21803/2015 8
Secondly, the complaint and FIR clearly go to show that the said "Fantastic-3" is a proprietorship concern, as such, its owner Sri Harish Raj Setty is arrayed as accused No.1 in the said complaint. When the said accused Harish Raj Setty or the alleged recreational club "Fantastic-3" have not chosen to challenge the complaint and the FIR filed against them, I do not expect as to how come the present petitioner- M/s.Bambino Associates, represented by its President, can challenge the said FIR which ultimately is not filed against them. On this ground alone the writ petitions are to be disposed of as not maintainable.
6. Apart from the above, it also can be noticed that the petitioner-M/s.Bambino Associates claims that there is a direction passed by this Court, directing the police not to conduct any raid on the 1st petitioner-Association. He has produced a photocopy of an order passed by this WP No.21772/2015 & WP No.21803/2015 9 Court in Writ Petition No.20659/2015 & connected matters, dated 4.2.2016. The operative portion of the said order reads as follows :
" In that view of the matter, Respondent No.1/Home Department is directed to ensure that the judgment of the Apex Court (supra) is strictly abided by the Police Department, at the least from now onwards.
With the above observations, WRIT PETITION.No.20659/2015, WRIT PETITION. No.16633-16635/2015 are allowed. The FIR in Crime No.143/2015 of Cubbon Park Police Station and the FIR in Crime No.198/2015, registered by the Vijayanagar Police Station, are quashed." By the above order, it cannot be inferred that this Court has directed the respondent-Police not to conduct any raid. Moreover, admittedly the raid on a different WP No.21772/2015 & WP No.21803/2015 10 establishment with the name "Fantastic-3", which according to the complainant is a ownership concern, whereas the petitioner No.1 herein is an Association, said to be registered under the Karnataka Societies Registration Act, 1960, represented by its President. As such, the present petitioner cannot seek quashing of the FIR of the 4th respondent-Police Station registered by them in their station Crime No.200/2014. If the present petitioner No.1 is aggrieved by the alleged act of the police, if any, he has got a different cause of action which he can agitate before the appropriate forum.
7. Regarding initiation of contempt proceeding, which is another relief prayed in this petition is concerned, in the absence of separate and specific proceeding for initiation of contempt proceeding, in the present writ petitions, wherein quashing of FIR WP No.21772/2015 & WP No.21803/2015 11 registered against the third party is sought for, no contempt proceeding can be initiated.
As such, the Writ Petitions are bereft of merit, stand dismissed.
Sd/-
JUDGE bk/