THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2393 of 2011 ORDER: Petitioners approached this Court with a prayer to quash the proceedings initiated against them in C.C.No.77 of 2010 on the file of the Additional Judicial First Class Magistrate, Palakol, West Godavari District, wherein they are facing trial for the offences punishable under Sections 3 and 4 of the A.P. Gaming Act. In the charge sheet, the Investigating Officer stated that on receiving unanimous message that some persons are playing cards betting with money at Cosmo Cultural Club, Palakol, he along with his staff and mediators rushed to the scene of offence and conducted raid and arrested as many as 50 accused (except A8 and A39) and seized cash of Rs.96,940/- besides 44 cell phones and 312 playing cards and 81 Dummi coins from the possession of the accused under the cover of mediators’ report. The Secretary of the Club by name Gottumukkala Gandhi Bhagavan Raju, who organized the gambling and who was present at the scene of offence, ran away from the spot and he is arrayed as Accused No.1 in the list of accused. Learned counsel for the petitioners submitted that there is nothing in the charge sheet to attract the offences punishable under Sections 3 and 4 of the A.P. Gaming Act against the petitioners herein. He further submitted that though LW.12 is the Investigating Officer who conducted raid, examined the witnesses, arrested the accused and seized cash and some articles at the scene of offence, the charge sheet was filed by LW.4. Heard the counsel for both the parties and perused the entire records. A perusal of the charge sheet filed by the respondent herein reveals that a sum of Rs.96,940/-, 44 cell phones, 312 playing cards and 81 dummi coins were seized from the possession of the accused, but no where it is stated that the petitioners herein are involved in gambling that too specifically for the purpose of monetary benefits, which is prohibited under law, and also no where it is stated as to whether the game played by the petitioners herein is a game of skill or game of chance. Further, the rank of the Officer who filed the charge sheet is inferior to the rank of the Officer who examined the witnesses. In these circumstances, this Court is of the view that the proceedings initiated against the petitioners in the present case are liable to be quashed. Accordingly, this criminal petition is allowed and the proceedings initiated against the petitioners in C.C.No.77 of 2010 on the file of the Additional Judicial First Class Magistrate, Palakol, West Godavari District, is hereby quashed. ____________________ JUSTICE RAJA ELANGO 06.04.2011 v v