K L MANSUKHANI Vs. SURENDRA KUMAR

JUDGEMENT

(1.) THIS is a petition seeking to quash L.A.C. No.1514 of 1994 pending in the court of Metropolitan Magistrate, Kurla Court, Andheri, Bombay.

(2.) TWO grounds were urged in this petition. The case was filed in the court after investigation in pursuance of a F.I.R. dated 6.10.1994 filed by the Police Inspector Mr. Vasant Punekar. The F.I.R. was registered against the four persons for running an illegal video parlour. It was the case of the police that on the date of raid at the video parlour, the accused were found indulging in gaming by running certain video machines which were seized under panchanama.

(3.) SECTION 3 of the said Act defines "gaming". Gaming includes wagering or betting except wagering of betting upon a horse race etc. in certain conditions. It is argued that yet in the case of Robert Elango J. Vs. Inspector of Police and anr. reported in 2004 ALL MR (Cri.) 1040, this court has held that an activity would not amount to gaming if it involves an element of skill. It was pointed out that this court further came to the conclusion that in such case the prosecution must bring material on record either in the F.I.R. or in the statements of witnesses who visited the video parlour and the description of game must be given so that its nature can be determined.