THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION NO.6714 OF 2008 ORDER: This is a petition filed under Section 482 of Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings in C.C.No.254 of 2008 on the file of the I Additional Judicial Magistrate of First Class, Proddatur. 2. The petitioners herein are A.1 to A.12 in the above said case and they were prosecuted for the offence under Section 420 IPC and Sections 3 and 4 of Gaming Act. The petitioners’ counsel contends that the learned Magistrate has taken cognizance of the offence under Sections 3 and 4 of the A.P.Gaming Act and not under Section 420 IPC and the averments made in the charge sheet does not disclose any offence under Sections 3 and 4 of the A.P.Gaming Act. Therefore, the said proceedings are liable to be quashed. 3. In the charge sheet, it was mentioned that on 15.05.2008 on the information of Sub-divisional Police Officer, Proddatur L.W.7 and L.Ws.1 to 6 proceeded by police jeeps bearing Nos.AP 9P 6178 and AP 9P 6695 to the newly constructed building owned by Kharesha Nisar, opposite to Khader Hussaina Mosque street of Proddatur along with authorization of the search warrant of the house under Section 3 A.P. Gaming Act, which was issued by the Sub-divisional Police Officer, Proddatur and they entered into the house at 8.00 P.M. and found 12 persons and three T.Vs are available and all are having Cell phones in their hands and they are writing something on papers and L.Ws.1 to 4 caught hold of all the persons and found the above 12 persons formed into five batches and L.W.7 enquired their names and addresses in the presence of L.Ws.5 and 6. They stated that they are earning easy money through the cricket betting within a short period. Then 20:20 overs cricket is going on and on 15.05.2008 match is going on between Daccan Charges and Delhi Dare Devils. On 15.05.2008, A.1 to A.12, who are the cricket bukkis together in the Proddatur town and conducting cricket betting and are utilizing the TVs and cell phones, charges and cash. The above articles are getting in the cricket betting and the L.W.7 has seized all the thirteen cell phones, three T.Vs, three cell phone charges, two flex boxes and cash of Rs.11,70,000/- from the possession of the accused Nos.1 to 12 under the cover of Panchanama and thereafter registered a case in Crime No.111 of 2008 and issued the F.I.R. During the course of investigation, L.W.7 sent A.1 to A.12 for remand on 16.05.2008. The accused luring the public, induced them towards cricket betting and cheating and held that they are liable for punishment under Section 420 IPC and Sections 3 and 4 of Gaming Act. 4. Section 3 of A.P. Gaming Act provides penalty for opening etc., a common gaming house. 5. Section 4 of A.P. Gaming Act provides penalty for being found gaming in a common gaming house. “Common gaming house” is defined in Section 2 (1) of the said Act. Under which common gaming house means (i) in the case of gaming- (a) on a horse-race except in the manner provided in Clause (2); or (b) on the market price of cotton, bullion or other commodity or on the digits of the number used for stating such price; or (c) on the ground of variation in the market price of any commodity specified in item (b) or on the digits of the number used for stating the amount of such variation; or (d) on the market price of stock or share or on the digits of the number used for stating such price; or (e) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place; or (f) on any transaction or scheme of wagering or betting, in which the receipt or distribution of winnings or prizes, in money or otherwise, is made to depend on chance. Any house, room, tent, enclosure, vehicle, vessels or any place whatsoever in which the gaming takes place or in which the horses or other instruments of gamming, are kept or used for such gaming. 6. Therefore, as per the averments made in the charge sheet, it comes under clause 2 (1) (f) of the Act i.e. on any transaction or scheme or wagering or betting in which the receipt or distribution of winnings or prizes, in money or otherwise, is made to depend on chance. 7. Section 2 (ii) (a) of the Act defines gaming. Under which ‘gaming’ means playing a game for winning of prizes in money or otherwise and includes playing a game of mutka or satta and lucky board and wagering or betting; except where such wagering or betting takes place upon a horse race. (i) on the day on which the horse-race is to be run; (ii) in an enclosure which the stewards controlling the horse-race (or race meeting) have, with the sanction of the Government set apart for the purpose; and (iii) (a) with a licensed book maker; or (b) by means of a totalisator; but does not include a lottery. 8. Therefore, gaming means playing of game for winning of prizes in money or otherwise. In the present case, as per the allegations made in the charge sheet, all the petitioners are earning money by betting in cricket, and the said earning of money by the petitioners, is stated by them in their confessional statements. Except the alleged said confessional statements, there is no material on record to show that the accused are betting on cricket in the said premises by using T.Vs and cell phones. As per the list of witnesses cited in the charge sheet, no witness speaks about the gaming or winning of prizes by the accused in the said house belonging to A.4. Therefore, the allegations made in the charge sheet does not disclose any offence under Sections 3 and 4 of Gaming Act and the continuation of the proceedings will amount to abuse of process of law. 9. In the result, the petition is allowed and the proceedings against the present petitioners in C.C.No.254 of 2008 on the file of the I Additional Judicial Magistrate of First Class, Proddatur, are hereby quashed. _______________________ P.DURGA PRASAD, J 25th March, 2011 KSP