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2014 (1) TMI 1930 - KERALA HIGH COURTRummy - game of skill or not - Sections 7 & 8 of Kerala Gaming Act, 1960 - HELD THAT:- There are loss to find any allegation that the accused were found engaged in gaming as defined under the Act in a common gaming house run for profit or gain of the person owing as defined in Section 2(a) of the Act. Section 7 would reveal that the penalty is for opening, keeping etc. and to be used any common gaming house. In the absence of any allegation that the place of alleged gaming was a common gaming house, this section cannot be said to be attracted. Section 8 of the Act is all about the penalty for being found gaming in a common gaming house. Here also the offence is not attracted in the absence of an allegation even in the FIR or in the final report. The petitioners are legally entitled to contend that the charge against them is unsustainable in the law. Therefore, this Court is persuaded to invoke jurisdiction under Section 482 CrPC to terminate a prosecution, which cannot stand the scrutiny of law. Petition allowed.
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