JAYACHANDRA Vs. STATE BY MALAVALLI TOWN POLICE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned Government Pleader for the respondent- State in respect of the petitioners' prayer seeking quashing of the proceedings in Crime No. 64/2011 now C.C.No. 35/2011 before the Civil Judge (Sr.Dn.) & J.M.F.C. Court, Malavalli.

(2.) THE learned counsel for the petitioners submits that having regard to the definition of gaming and game of chance as contained in Section 2 of the Karnataka Police Act, 1963, the offence alleged does not get attracted so far as Section 87 of the K.P.Act is concerned and secondly, the first petitioner is a government servant and one does not expect such a person to involve in the kind of allegations that are made against him, that too in a public place. Therefore, it is argued that the proceedings be quashed.

(3.) HAVING thus heard both sides, the petitioners are at liberty to urge the aforesaid ground before the trial court at the time of seeking discharge from the case and the application, if any filed in that regard, shall be disposed of by the trial court at the earliest.