IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE EIGHTEENTH (18TH) DAY OF JULY, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.4852 of 2011 Between: Kunaparaju Venkata Rama Surya Narayana Raju & others … Petitioners And: The State A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.4852 of 2011 ORDER: This petition is filed under Section 482 Cr.P.C. for quashing proceedings in cr.No.113 of 2001 of Bhimavaram II Town PS, against the petitioners-accused. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for Respondent-State. Perused the record. 3. The petitioners are accused of offences under sections 3 and 4 of A.P. Gaming Act in Cr.No.113 of 2011 of Bhimavaram II Town PS, which was registered based on the report dated 27.05.2011. According to the prosecution, on that day at about 9.30 a.m., the petitioners-accused were found playing the game of kotha banthi with cards in cultural club situated in D.No.7-159, Venkataraju Nagar, Bhimavaram by betting money and that in the presence of mediators, the Circle Inspector, Sub Inspector and staff apprehended the petitioners-accused, who were caught red handed and seized various amounts of cash from each of the petitioners as detailed in the report and also the cards and the case was registered under Section 3 and 4 of the Gaming Act. The investigation is stated to be pending. 4. The main contention of the learned counsel for the petitioners-accused is that the mediators report based on which the case was registered is vitiated as the signatures of the accused were obtained by force on blank papers. He would further contend that previously, the club filed a writ i.e., WP No.31987 of 2010 wherein a direction was given to the police not to interfere with the legal activities of the members of the club. A copy of the order dated 27.12.2010 in WP No.31987 of 2010 filed by the petitioners would only show that a direction was given to the police not to interfere with the lawful activities of the petitioners club including playing the game of rummy by its members. The said order further shows that if any objectionable games are undertaken by the petitioners, the order will not preclude the police from entering in to the premises and taking steps in accordance with law. According to the prosecution, the petitioners were found indulging in playing the game of kotha banthi by betting money, which is illegal and therefore, the order in WP No.31987 of 2010 does not come in the way of taking action against the petitioners for the illegal activities carried on in the club. The question as to whether or not the petitioners were indulging in illegal activities by playing the game of kotha banthi by betting money is a matter to be decided only after the evidence is adduced, but not at this stage. When once it is established that the petitioners were engaged in illegal activities in the club, the police authorities are certainly empowered to take necessary action against the petitioners. Prima-facie, the material available on record at this stage would disclose that the petitioners were present when the club was raided and they were found playing the game by betting money and various amounts and cards were also seized from their person under the mediators report. The contention of the learned counsel for the petitioners that the signatures of the petitioners were obtained on blank papers and there after mediators report is fabricated thereon so as to project the same as extra judicial confession cannot be entertained at this stage, as the investigation is still pending. The truth or otherwise of the mediators report and its validity fall for consideration only during the course of trial, but not at this stage. The material on record, prima-facie establishes the ingredients of the alleged offences and the involvement of the petitioners. Hence, it is considered not a fit case to quash further investigation by invoking the inherent powers under Section 482 Cr.P.C. 5. In the result, the criminal petition is dismissed. __________________ G.V.SEETHAPATHY, J Date: 18.07.2011 bss