SUNDARAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE learned Public Prosecutor has no objection for allowing this application. He himself concedes that the prosecution has to got retried, inasmuch as the quashing petition seeking to set aside the proceedings pending against the petitioners herein before the learned Judicial Second Class Magistrate, Kovilpatti for the alleged offence under the Gaming Act is ordered by this Court.

(2.) IT is also relevant to note that in the petition it has been mentioned that the petitioners had contended that being the members of the Members Club known as -Cosmopolitan Club-, Kovilpatti, which is registered as a society under the Tamil Nadu Societies Registration Act, 1960, where Rummy alone was played which was a game of skill, no offence was committed. IT is further submitted in paragraph 4 of the petition that although stay of further proceedings had been granted by this Court, the trial Court is interested on the personal appearance of the petitioners. IT is inter alia stated in paragraph 5 of the petition that the petitioners are advised to state that while this Court had granted interim stay, it may not be necessary for the petitioners to appear before the trial Court every time when the case is adjourned and the same has been causing considerable inconvenience.

(3.) THE points for consideration in this application are: -