THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8834 of 2011 ORDER: Petitioners approach this Court by invoking the provisions under Section 482 of Cr.P.C. seeking to quash the proceedings against them in C.C.No.556 of 2011 on the file of the II Additional Judicial Magistrate of First Class, Eluru, West Godavari District, whereby they are arrayed as accused for the offence punishable under Sections 3 and 4 of A.P.Gaming Act, 1974. Heard the learned counsel for the petitioners and the learned Public Prosecutor appearing for the State. It is the case of the prosecution that on 13.07.2010 in the evening the Sub Divisional Officer, Eluru along with Circle Inspector of Police, Eluru Town on reliable information regarding gambling being organized in Cosmopolitan Club, R.K.Puram, Eluru, raided the said club with search warrant, where the petitioners herein and other accused were playing cards by betting amounts and recovered a total sum of Rs.2,30,000/- along with 54 cell phones. Police registered a case against accused and took up the investigation. Learned counsel for the petitioners submitted that the club is a registered society under the Societies Registration Act and has nearly 300 members on its rolls and all of them are educated persons and it was established in the year 1933 and has been functioning as per rules and regulations. The club was established with the objects of providing library and reading room, sporting activities like tennis, badminton, billiards, cards, chess, i.e. various indoor and outdoor games promoting art and culture etc. and the members of the club never intended to work with profit motive nor involved in any illegal activities. This Court is of the view that these are all the matters to be decided during the course of trial only and this Court is not inclined to interfere with the trial at the stage. However, in view of the nature of allegations and the submissions made by the learned counsel for the petitioners, the presence of the petitioners before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same and they shall properly be represented through their counsel before the court below. With above observation, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 22nd September 2011 Rns