JAGARLAMUDI KRISHNA KISHORE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition under S. 482 of Cr. P.C. seeks quashing of the proceedings in STC No. 108 of 1997 on the file of the Judicial Magistrate of Second Class, Guntur in which four petitioners herein who are accused Nos. 309 to 312 face charge under S. 3 of the A.P.Gaming Act.The brief facts as disclosed in the charge-sheet may be stated as follows :

(2.) LVR and Sons Club has been running at Guntur for about 90 years. It was shifted to the present premises about 20 years back. The petitioners herein who are accused Nos. 309 to 312 are said to be the President, Vice-President, Secretary and Treasurer respectively of the said club. It is stated that the main source of income to this club is derived by allowing the persons to gamble by playing game of cards called 'Kothamukka' which is said to be a game of pure chance and no skill being involved.

(3.) It is stated that the persons responsible for the management of the club not only allowing the regular members to indulge in gambling but several villagers from the nearby villages are allowed to visit the club by charging guest fee of Rs. 40.00 from each visitor and also permitted to participate in playing 'Kothamukka' and thus the club has become center for gambling cards and many villagers sustained losses by playing cards in the said club. Thus, it is stated that the said club has been functioning as a common gaming house within the meaning of S. 3 of the Andhra Pradesh Gaming Act, 1974.