NAINA MOHAMED Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.57 of 2016 pending investigation before the first respondent police.

(2.) The allegations as contained in the FIR is that the accused persons sitting inside the farm land belonging to A2, were playing cards for stakes. Immediately, the respondent police apprehended all the accused persons and recovered the cards and also the cash from the place. The FIR was registered for an offence under Section 12 of the Tamilnadu Gaming Act, 1930.

(3.) The learned counsel for the petitioners submitted that in order to attract an offence under Section 12 of the Tamilnadu Gaming Act, the gaming with cards must have been done in any public street or a public place and in this case admittedly, the gaming happened within the property of A1. The learned counsel therefore, submitted that no offence has been made out in this case. In order to substantiate his submissions, the learned counsel relied upon judgments of this Court in M.James Arockia Samy Vs. The Inspector of Police, Aaravayal Police Station, Devakottai Taluk, Sivagangai District, in Crl.O.P.(MD).No.11917 of 2015, dated 22.10.2018 and in D.Kannan Vs. The Inspector of Police, Thirupuvanam Police Station, Thirupuvanam, Sivagangai District, in Crl.O.P.(MD).No.1573 of 2015, dated 04.02.2015.