IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE EIGHTEENTH DAY OF JUNE, TWO THOUSAND TEN WRIT PETITION No.19894 OF 2007 Between: The Youth Cultural Club, A Society registered under the A.P. Societies Registration Act, 1868, Registration No.570 of 1990, 7-159, Venkata Raju Nagar, Chinna Amiram, Bhimavaram, West Godavari District -534 204, represented by its Secretary- Sri N.Viswanadha Raju. … Petitioner And The State of Andhra Pradesh, reptd., by its Secretary, Home Department, Secretariat, Hyderabad and others. … Respondents Counsel for the petitioner: Sri V.V.Anil Kumarl. Counsel for the respondents: Assistant Government Pleader for Home. This Court made the following: ORDER:- This Writ Petition is filed for the following substantive relief: “… to issue a Writ of Mandamus declaring the action of the respondents in foisting false cases for the alleged offences under Sections 3 & 4 of the A.P. Gamming Act, against the members of the petitioner-club and their guests for playing the 13 card game of Rummy with stakes/syndicate as arbitrary, discriminatory and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents not to register any criminal cases under the A.P. Gamming Act against the members of the petitioner club and their guests for playing the game of Rummy”. In the counter-affidavit filed by the respondent No.3-Sub-Divisional Officer, Narsapuram, West Godavari District, it is, inter alia, stated that on 22-3- 2006 at 4-00 P.M., on the instructions of the then Sub-Divisional Officer, Narsapuram, the then Sub- Inspector of Police, II Town Police Station arrested Nadimpalli Viswanadha Raju, Secretary of the petitioner-Club, China Amiram of Bhimavaram and 26 others; that a case in Crime No.27 of 2006 was booked under Sections 3 and 4 of the A.P. Gamming Act, 1974 as they were found playing organized Kothabanthi gambling (a game of chance) by betting with money; and that the said case is pending trial, vide: STC No.23 of 2007 on the file of the II Additional Judicial Magistrate of I Class, Bhimavaram. It is further stated that on 10-4- 2007 at 8 P.M., upon credible information, the Inspector of Police, Bhimavaram Town, conducted raid on the petitioner-club and arrested its Secretary and 18 others for organizing and playing Kothabanthi gambling and seized an amount of Rs.2,608/-, 276 coins and 452 playing cards from the gaming spot; and that the said case is pending as STC No.152 of 2007 on the file of the said Court. It is further stated that the organizers of the petitioner-club are accustomed to playing Kothamukka gambling. This Court by order, dated 22-11-2007, passed the following interim order in WPMP No.25652 of 2007: “It is submitted by the learned counsel for the petitioner that the respondents-Police are frequently visiting the petitioner-club and interfering with its lawful activities. It is further submitted that the respondent- Police are foisting false cases against the members of the petitioner-club and their guests for playing rummy with stakes/syndicates (13 card game). The learned counsel placed reliance on the judgment of this Court in Patamata Cultural and Recreation Society Vs. Commissioner of Police, Vijayawada – 2005(1) ALD 772. However, the learned Government Pleader for the respondents denied the frequent visits of the petitioner- club by the respondents. This Court in the Patamata Cultural and Recreation Society case (supra) held that game of rummy is mainly and predominantly a game of skill. In that view of the matter, there shall be a direction to the respondents not to interfere with the lawful activities of the petitioner-club, including playing game of rummy. However, this order will not preclude the respondents- police to register the cases if they find that the members and guests of the petitioner-club play games other than rummy, prohibited under the A.P. Gamming Act”. In my opinion, while the petitioner-club is entitled to organize playing of rummy with stakes (13 cards game), the respondents are entitled to prevent the petitioner-club from conducting activities involving other forms of gambling, for which the two criminal cases have been registered. The respondents are entitled to conduct prosecution of the above mentioned two cases, if they are still pending. They are also entitled to interfere with the activities of the petitioner-club if it is found indulging in the gambling activities prohibited by law. Subject to the above observations, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:18-6-2010 MNR