M.THIRUNAVUKKARASU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to call for the records pertaining to the Final Report in S.T.C.No.50 of 2021 on the file of the Munsif cum Judicial Magistrate, Gandarvakottai and quash the same as arbitrary and illegal by allowing this Criminal Original Petition.

(2.) The case of the prosecution is that on 04.02.2021, at about 16.00, on secret information, the Police inspected "Maruthu Manamahilvu Sangam" and found that the accused persons were playing cards for profit. Therefore, a case was registered against these petitioners under Section 12 of Tamil Nadu Gaming Act. After collecting materials and recording the statement of witnesses, final report has been presented before the District Munsif cum Judicial Magistrate, Gandarvakottai on 04.02.2021 and the same was taken on file in S.T.C.No.50 of 2021.

(3.) Seeking quashment of the final report, this petition has been filed mainly on the ground that no such gaming activity has been undertaken in the premises as mentioned by the first respondent and a false case has been foisted, the entire offence is a stage-managed one. Because of frequent trouble made by the police, the petitioners filed a writ petition in W.P(MD).No.19769 of 2019 for a direction not to interfere into the day-to-day activities of the club. The club was issued with a license by the Licensing Authority namely, the Tahsildar, Gandharvakkottai in License No.3 of 2019 under Form-D vide R.C.No. 5378/2019/B4 dated 16.10.2019. By way of license, rummy was allowed to be played. The entire stage-managed event has been captured through the mobile, camera. Moreover, the offence under Section 12 of the Tamil Nadu Gaming Act will not be attracted.