Telangana High Court
CRLP/16085/2024 of Bitchala Tirumala Rao Vs The State of Telangana on 31 December 2024
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 16085 OF 2024 Between: 1. Bitchala Tirumala Rao, S/o. Pedda Ramulu, Age 50 yrs., Occ Advocate, R/o. H. No.
IN THE HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDERABAD
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 16085 OF 2024
Between:
1. Bitchala Tirumala Rao, S/o. Pedda Ramulu, Age 50 [yrs., Occ ][Advocate, ][R/o.]H. No. 20-7-1117l1 Road No 13, Sri Ram [Nagar, Khammam Town andDistrict]H. No. 20-7-1117l1 Road No 13, Sri Ram [Nagar, Khammam Town andDistrict]
2. Nerella Srinivasa Rao, S/o. Late Balakrishna, Age [58 yrs., Occ Advocate,R/o.]H. No.3-7-182122 Al Sundaraiah Nagar, Khammam Town [andDistrict]H. No.3-7-182122 Al Sundaraiah Nagar, Khammam Town [andDistrict]
3. Chekuri Mukthewawar Rao, S/o. [Venkataiah, Age 51 yrs., Occ Advocate, ][R/o.]Gudimalla Village, Khammam Rural Mandal [and District]Gudimalla Village, Khammam Rural Mandal [and District]
4. Arempala Venkateswerlu, S/o. Anandam, Age 5! [yrs., Occ ][Advocate, ][Rl/o. ][H.]No. 11-'t't-3171224 Ramanna Gutta, Khammam Town andDistrictNo. 11-'t't-3171224 Ramanna Gutta, Khammam Town andDistrict
...PETITIONERS/ACCUSED
AND
1 . The State of Telangana, Represented by its Public [Prosecutor]
2. The Station House, Khammam Haveli [Police ][Station]
...RESPONDENTS
Petition under Section 528 of BNSS [praying ]that [in the ][circumstances]stated in the Memorandum of Grounds of Criminal [Petition, ][the ][High ][Court ][may]be pleased to [quash ]the above case [i.e., CC ][No. ][4175 ][of 2024 on the ][file ][of ][ll]Addl. Judicial First-Class Magistrate at Khammam, against [the ][Petitioners.]
I.A. NO: 1OF 2024
Petition under Section 528 of BNSS [praying ]that [in the ][circumstances]stated in the Memorandum of Grounds [of ][Criminal ][Petition, ][the ][High Court ][may]be pleased to [grant ]interim stay [of ][all ][further proceedings ][in ][CC ][No. ][4175 ][of]2024 on the file of ll Addl. Judicial [FirslClass ][Magistrate ][at ][Khammam, ][including]the personal appearance of the [petitioner pending disposal of ][the ][above criminal]petition.
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This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri PonnamAshok Goud, Advocate for the Petitioner and the Public Prosecutor on behalf ofthe Respondent No. 1 and none appeared for the Respondent No. 2.
The Court made the following: ORDER
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THE HONOURABLE SMT [JUSTICE ][K. ][SUJANA]CRIMINAL PETITION [No.l6O85 ][of ][2024]
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ORAL ORDER:
This Criminal Petition is filed [under ][Section ][528]of the Bharatiya [Nagarik Suraksha ][Sanhita, 2023 ][(for]short 'the BNSS) to [quash ][the ][proceedings ][against the]in [C.C.No'4175of ][2024 ][on the ][Iile]petitioners/accused of the II Additional [Judicial ][lVlagistrate ][of ][First ][Class,]Khammam, registered [lbr ][the ][offences ][punishable]under Sections [3 and ][4 ][of ][the ][Telangana State Gaming]Act., 1974.
2. Heard Sri Ponnam [Ashok Goud, iearned ][counsel]for the petitioner, and [learned Assistant ][Public]Prosecutor for respondent-State' [Perused ][the record']
3. l,earned counsel [for the ][petitioner ][submitted ][that]the matter is squarely [covered ][by the ][order ][dated]O3.O4.2024 in Criminal [Petition ][No.9645 ][of ][2023']
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4. l,earned Assistant [Public ][Prosecutor ][also]submitted that [the ][issue ][in the ][present ][criminal]is [covered ][by ][the ][earlier order ][in ][the ][above]petidon criminal Petition
5. [n view [of ]the [said submission and ][as ][the ][matter]is squarely [covered ][by ][the ][order ][in ][the ][above ][criminal]this [criminal ][petition ][is ][allowed ][in ][terms ][of]petition, the above [said ][order, adopting the ][reasoning ][contained]therein. [Accordingly, the ][proceedings ][initiated ][against]the petitioners/accused [in ][C'C'No'4175of ][2024 on ][the]file of the Ii [Additional ][Judicial ][Magistrate ][of ][First]Class, Khammam, [ale ][hereby quashed']
miscellaleous [petitions, ][if ][any' ][in ][this]Pending Criminal [Petition ][s][hali ][also ][stand ][closed.]
Sd/. T. JAYAFREEASSISTANT REGISTRARI//TRUE [COPY//].A/SECTtONgFFtCER
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3. TwoCCstothePubltcProsecutor,HighCourtfortheStateofTelanganaatHvderabad. IOUTIa. Ohe CC to [Sri Ponnam Ashok Goud' Advocate IOPUCI]5. Two [CD CoPies]VI{/gh\qaHvderabad. IOUTIa. Ohe CC to [Sri Ponnam Ashok Goud' Advocate IOPUCI]5. Two [CD CoPies]VI{/gh\qa
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HIGH COURT
DATED: 3111212024
ORDERCRLP.No.16085 ot 2024
ALLOWING THECRIMINAL PETITION
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'!i.:Io{r.1Hi'. S 14ot,0 7 2025.tiA[ *ia t TIIE HONOURABLE SMT. JUSTICE K. SUJANACRIMINALON No.9645 OF 2023
ORDER:
This Criminal Petition is Iiled under Section 482 of the Codeof Criminal Procedure, 1973 (for short Cr.P.C.J to quash theproceedings against the petitioners/accused Nos.1 to 19, inC.C.No.83O of 2023, on the lile of the learned Principal JudicialMag,strate of First Class, Sircilla, Rajaana Sircilla District,registered for the offences punishable under Sections 3 and 4 ofthe Telangana State Gaming Act, 1974.
2. Brief facts of the case are that the respondent registered acase against the petitioners/accused Nos.1 to 19 stating that, onreceipt of credible information ttrat some of the persons wererunning common gaming house in Sirbilla Town Club building,playrng 3 cards by betting money and running gaming for wrongfulgain, he has taken authorization letter from SDPO, Sircilla to enterinto the gaming house and arrest the gamblers, search ald seizureof money, plaSnng cards etc. On 06.05.2O23. the Police encircledthe said building in tJle presence of two mediators and found thatthe petitioners were playing three cards by betting. Immediately,the Police took them into custody and seized an amount ofRs.1,34,79O/- and three sets of playng cards from theirpossession. Basing on the said complaint the police registered a case €rnd after completion of investigation, tJrey frled charge sheetbefore the Judicial Magistrate of First Class, Sircilla, RajannaSircilla District.
3. Heard Sri P. Giri Krishna, learned counsel appearing onbehalf of the petitioners as well as Sri S. Ganesh, learned AssistantPublic Prosecutor appearing on behalf of the respondent.
4. Learned counsel for the petitioners submitted that a falsecase has been foisted against the petitioners. Petitioner No.1 is thePresident and petitioner No.2 is the SecretarJr of the Sircilla TownClub. They used to go to the town club regularly. When PetitionerNos.l and 2 were conducting skilled game with other petitioners,the Police have purposefully entered into the premises and tookthem into their custody. In support of his submission, learnedcounsel relied on the Judgment of the High C-ourt of AndhraPradesh in D. Krishna Kum.ar and o,notlrrlr rs. State o.f An;dlruro.Pradesht, wherein it is categorically held that playng rummy is agame of skill. He further relied on the Uudgment of this Court inCriminal Petition No.5169 of 2023, wherein it is categorically heldthat since petitioner No.1 is the owner of the house used forplaylng games, the same cannot be termed as common gaminghouse.
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5. Leamed counsel for the petitioners further submitted thatv/ithout following the proced.ure laid down under the TelalganaState Gaming Act, the prosecution has faJsely implicated thepetitioners. It is further contended that the game of playing cardsis not a,, offence per-se, it is a, offence when it is carried on in apublic place or in a common gaming house as defined under theGaming Act. Therefore, he prays tJle Court no case is made outagainst the petitioners.
6. On the other hand, leamed counsel for the respondentsubmitted that as the petitioners are playing cards by investingmoney and the statements of witness clearly reflects ttrat they areplalnng three cards game, he prayed the Court to dismiss thepetition.
7 . It is pertinent to note that the judgment of this Court dated26.09.2022 in Tholem Narsimha Rao and. oLnother as. State oJTelangana and. anotherz, wherein in paragraph Nos.14 and 15, itis held as follows:26.09.2022 in Tholem Narsimha Rao and. oLnother as. State oJTelangana and. anotherz, wherein in paragraph Nos.14 and 15, itis held as follows:
'14. In uieut of the pinciple laid. d.orun in theaboue sai.d. citations, it cannot be said that thepetitioners-accused .iyos.6 and Z lnue committed. tILeoffence under Sectrrcn 3 of the A.p. Gaming Act, moreparticularlg when tlere is tw person, uho taas in_charge and in possessbn for collecting moneg t zoz:1r1no 1ca.; :ze 6s1
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tollards usage charges. [Tterefore, ][Section ][3 of ][the]A.P. Gaming Act cannot [be ]fastened [on ][the]Nos.6 [and- ][7 as ][the ][house']petitioners-accused uherein theg are [alleged to twue ][been ][plaging ][cards]is not a gaming [house.]
15. The [petitioners-accused' ][Nos'6 and' ][7 ][utere]charged for [th.e ][offence ][under ][Section ][4 ][as ][uell ][as]Section 3 of [the ][A.P. ][Gaming ][Act' ][Therefore, ][it ][is ][to ][be]examined. uhether facts [narrated ][bg ][the ][prosecation]would amount to [committing ][of ][an ][offence under]Section 4 of the [Act- In the ][case ][on ][han.d', ][atcording]to the prosea)tion, [the ][petitioners ][u)ere ][present ][for]the purpose [of gaming ][in ][a ][common ][gaming ][lnuse]shall on [conuiction ][maY suffer ][for ][simple]impisonment for [six montls, ][ttthich ][may ertend ][to]tLaree years. [Unless ][tle ][plore ][of ][tle ][offerce ][is]to [be ][a ][common ][gaming ][house, ][Section ][4 ][of]specrfied the A.P. Gaming [Act ][Luill ][not ][attract ]["]
8. Having regard [to the ][rival ][submissions made ][by ][both ][the]learned counsel, [having ][gone ][through the ][material ][available ][on]record and [having ][considered ][tl1e ][view ][taken ][by this ][Court ][in]Criminal Petition [No.5169 ][of ][2023 ][and ][in ][Criminal ][Petition]No.g68Tof2016thatthepremiseswherethepersonswereplayingcards, cannot [be ][termed ][as ][a ][gaming ][house ][as ][defined ][under]Section 2(1) ofthe [Act. ][Since ][it ][is not ][a ][gaming ][house' ][Section 3 ][of]the Act is not [applicable; thereby the ][petitioner ][cannot ][be ][punished]for the offence [punishable ][under ][Section ][4 of ][ttre ][Act ][as ][such' ][the]levelled [against the ][petitioners ][are ][liable ][to ][be ][quashed']allegations
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9. Accordingly, the Criminal Petition is allowed and theproceedings against the petitioners/accused Nos.l to 19 inC.C.No.830 of 2023, on the file of the learned Principal JudicialMagistrate of First Class, Sircilla, Rajanna Sircilla District, arehereby quashed.
Miscellaneous applications, if any pending, shall also standclosed.closed.
K. SUJANA, J
Date: O3.O4.2O24sAl
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