D KRISHNA KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) On information that the management of Elite Club, situated at Road No.9-A Jubilee Hills, Hyderabad is collecting huge amounts from players of Rummy with 13 cards/Sydicate in its premises and is using the premises as a common gaming house, on search proceedings issued by the Assistant Commissioner of Police, Banjara Hills Division, Hyderabad, Jubilee Hills Police raided the Elite Club premises being managed by the petitioners, and found 40 persons playing Rummy (13 card game/Syndicate) on 7 tables, by each player contributing Rs. 500/- to the Syndicate pool/ and each table giving Rs. 500/- to the club. In the 2nd floor they found 46 persons at 6 tables playing game of Rummy with 13 cards/Syndicate. In the 3rd floor they found 6 persons playing Rummy on the table and in the 4th floor they found 42 persons playing, at 8 tables, the game of Rummy with 13 cards/Syndicate, by each player contributing Rs. 1,000/-. Rs. 1,000/- was paid to the club by each table. In total Rs. 1,43,170/- was collected by the club from the players from all the tables in the premises and, therefore, a case in Crime No. 252 of 2002 was registered by the S.H.O. Jubilee Hills Police Station.

(2.) The prosecution case is that petitioners, who are in management of the affairs of the Elite Club, are making huge profits by allowing people to play the game of Rummy with 13 cards/Syndicate in the club premises, and so the premises of the club is a "Common gaming house" as defined under S. 2(1) of the A.P. Gaming Act, 1974 (the Act) and so petitioners are liable for punishment under S. 3 of the Act.

(3.) By this petition petitioner is seeking to quash the FIR in Crime No. 252 of 2002 of Jubilee Hills Police Station registered under S. 3 of the Act.