Telangana High Court Quashes Case Against Teacher For Playing 'Game Of Betting', Notes Act Didn't Occur In Public Place

The Telangana High Court dismissed a case registered against a private teacher for playing a card game involving betting under the state Gaming Act 2017, after noting that the alleged act did not take place on a public street as required under the provisions of the act. 

Under Section 9(1) of the TS Gaming Act, whoever is found gaming or reasonably suspected to be gaming in any public street or thoroughfare or in any place to which the public have, or are permitted to have access shall be punishable with imprisonment for a term which may extend to 6 months or with fine which may extend to Rs 5000 or with both. 

Justice K. Sujana, in its order observed that the petitioner's counsel had contended that the location in question was neither a public place nor a thoroughfare nor is it an area of ingress or egress accessible to the public. It noted that the prosecution the alleged scene of the offence is situated behind the Indian Gas Agency, specifically within agricultural fields and behind the Indian Gas Godown.

It thereafter said, “From the provision, it is evident that when the Police register a case under Section 9(1) of the Gaming Act, they are required to prove that the alleged gaming occurred in a public street, thoroughfare, or a place accessible to the public. However, the prosecution has not established that the location in question is a public place where inconvenience could be caused to the public.As such the continuation of proceedings against the petitioner is nothing but abuse of the process of law and same are liable to be quashed”.

The court noted that the charge sheet filed by the police does not contain any allegation that villagers lodged complaints about the alleged gaming activity. Instead the case was registered suo motu, wherein the allegation against the petitioner was that accused were playing a game by betting for which case was registered under Section 9(1). 

The police had acted on information received that alleged illegal gambling activity was being carried out near gas agency; they rushed to the scene and caught two individuals who were playing 3-card games with betting money. Either others escaped. 

Upon inquiry the two arrested individuals revealed their details and surrendered Rs. 3,900, two cell phones, and two bikes.

Further investigation led to the seizure of Rs.7,800, 104 plastic playing cards. The Police thereafter filed a case under Section 9(1) of the Telangana Gaming Act 2017. The petitioner, a private  teacher challenged the proceedings by filing a criminal petition seeking to quash the case.

The court thus quashed the proceedings against the petitioner before the Special Judicial Magistrate of Second Class.

Case No: Crl.P.No.15822 of 2024

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