IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Crl.MC.No. 437 of 2008() ------------------------ ST.2610/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. USMAN,S/O.MUHAMMED, CHENAMKUZHY VEEDU, CHILANGA JUNCTRION, VADANAPPALLY. 2. ALI AHAMMED,S/O.ABDU, VELUTHAPPAN VEEDU,NABIKKADAVU, THALIKKULAM, THRISSUR DISTRICT. 3. MUHAMMED,S/O.ABDUL LATHEEF RAYAMMARAKKAR VEEDU, PATHAMKALLU, THALIKKULAM. 4. IBRAHIM, S/O. KUNJALI, PUTHENPURAYIL VEEDU,EDASSERY DESOM, THALIKKULAM. 5. ALI @ ALIKKA,S/O.CHALIL KUNJAHAMUNNI, CHAVAKKAD TALUK, VADANAPPALLY VILLAGE, THRISSUR DISTRICT. BY ADV. MR.N.J.JOHNSON RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADANAPPALLY, THRISSUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ..2/- ....2...... CRMC.NO.437/2008 O R D E R After hearing for some time the learned counsel seeks permission to withdraw with liberty to raise all his contentions before the court below. Reserving the said right this Crl.M.C is closed as withdrawn. 1/04/2009 Sd/- M.N.Krishnan, Judge Order on Crl.M.A.No.1757/2009 in CRMC.No.437/2008 Dismissed 1/04/2009 Sd/- M.N.Krishnan, Judge /True Copy/ P.A.to Judge Kss V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 437 of 2008 * * * * * * * * * * * * * * * * * * Dated: 05-02-2008 REFERENCE ORDER In this petition filed under Sec. 482 Cr.P.C. the petitioners 5 in number who are the accused in Crime no. 236 of 2007 of Vadanappally Police Station for offences punishable under Sections 7 and 8 of the Kerala Gaiming Act, 1960 seek to quash the proceedings now pending before the J.F.C.M., Chavakkad as S.T. No. 2610 of 2000. 2. The case of the prosecution can be summarised as follows:- On 29-5-2007 at about 8.30 p.m. at Vadanappally Centre in Room No. 407 of Theparambil Lodge owned and deceased by the first accused, accused Nos. 2 to 5 were found by the sub Inspector of Police, Vadanappally playing a special game using cards and money called (...............) meaning “pig reverse” for making undue profits illegally and since the above gaming act was committed by accused Nos. 2 to 5 with the knowledge and consent of the first accused the accused have committed offences punishable under Sections 7 and 8 of the Kerala Gaming Act. Placing reliance upon the decisions in State of Kerala v. Scariah and others – 1966 KLT 780 and Kunhikannan and Others v. Assistant Sub Inspector – 1985 KLT 484 it is contended that gaming in a private building or property cannot amount to the offence of gambling in a common gaming house within the meaning of Sec. 7 and 8 of the Kerala Gaming Act. 3. No doubt the aforementioned decisions are to the effect that a private building or property cannot be termed to be a common gaming house unless it is a place intended and used frequently as a common place for the purpose of gaming. 4. The word gaming is in this contest used as synonym to the word “gambling”. It is the act of risking something of value especially money for a chance to win a price. A gaming device is anything such as cards, dice or an electronic or mechanical contrivance that allows a person to play a game of chance in which money may be one or lost. Many of the gaming statutes define gaming as the playing of a game of chance for winning any money of money's worth whether the person playing the game is at the risk of losing any money or money's worth or not. Such a definition is restricted to games of chance where as the common law definition embraces playing at games of skill as well as games of chance. A game of chance may include a game of chance and skill combined but it is only a game of pure skill where there is no element of chance that is excluded from the definition of gaming under the various gaming Acts. V. RAMKUMAR, (JUDGE) ani. -:5:-