ANANTASWAMY IYER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed under S. 482 of Cr. PC with a request to call for the records in CC 46364 of 1981 on the file of the Metropolitan Magistrate, Traffic Court II, Bangalore City and to set aside the order of issue of process dated 21 10 1981 passed by the learned Magistrate and to quash the criminal proceedings instituted against the petitioners.

(2.) The case has been instituted against' the petitioners on the report made by the police, alleging commission of offences punishable under Ss. 79 and 80 of the Karnataka Police Act. The facts of the case as could be seen from the first information and the charge report submitted after investigation are : on receipt of a credible information to the effect that some persons were playing game of chance at Balaji Recreation Association situated at No. 47, 1st Cross, B.V.K. Iyengar Road, Bangalore City, when the Sub Inspector of Chickpet Police Station obtained necessary search warrant and went to the spot at about 8 P.M., he found the petitioners. accused present there were playing a game of-chance called 'Rummy' with playing cards using jokers with stake money and on further personal search of the petitioners present there. he also found money in their" possession of different denominations and that petitioner-26 who is said to be the President of the Association had allowed the premises for gambling by collecting commission from the gamblers .

(3.) The contention of the petitioners is that the game of Rummy was not a game of chance but a game of skill, and therefore the proceedings instituted against them, deserve to be quashed.