EXECUTIVE CLUB FORMED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the proceedings in Cr.No.406/97 of P.S., Machavaram, Vijayawada City (On the file of the III Metropolitan Magistrate, Vijayawada).

(2.) Petitioner Nos. 2 to 52 are the accused in the said crime. The allegations levelled against them, may briefly, be noticed. hi the charge-sheet it is alleged that Petitioner Nos.2 to 49, who are Al to A-48 are the residents of Vijayawada and they are landlords and business people in Vijayawada City. It is also stated that all of them are Members and guests of the Executive Club, Vijaj-awada, first petitioner herein; whereas petitioner Nos.50 to 52 arc working as Cashiers in the card rooms of the first petitioner-Club.

(3.) On 13-9-1997 at about 9-30 P.M., the ACP-I and ACP-II along with other officers and mediators, on receipt of credible information, proceeded to the first petitioner-Club and raided the card rooms in the presence of the mediators and found that petitioner Nos.2 to 49 herein were found playing thirteen cards by betting high stakes in the card rooms of the club. It is specifically stated that on seeing the police, all of them thrown away the cards in the centre of the table in Pel-mel and they were sitting quitely. All of them were arrested in the presence of the mediators and cash and tokens found on the table were seized. It is alleged that the police have also noticed the tokens, which were kept in heap in front of each member and the cards found in pel-mel in the centre of the tables. A panchanama was prepared. The Police have also seized the Cash Registers, which were maintained by petitioner Nos. 50 to 52 in the premises of the first petitioner-Club. It is the case of the police that A-49 toA-51 (Petitioner Nos.49 to 52) were collecting amounts for the maintenance, from the players.