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2016 (10) TMI 1380

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..... its writ jurisdiction in the background that the club run by the petitioner was raided and the police demanded that the club obtain a licence to carry on its recreational activities. It was the case of the petitioner that no such licence was required and therefore the writ petition. The learned Single Judge had passed an order issuing the following directions: "(i) The petitioner shall install within a period of six weeks, CC TV cameras, at all the places of access to its members and also at all the places, wherein game(s) is/are played by the members. The CC TV footage of at least prior 15 days' period shall be made available by the petitioner, to the police, as and when called upon to do so. (ii) The petitioner shall issue identit .....

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..... t this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities." The learned Single Judge thus disposed of the writ petition. 3. In an appeal before this Bench, it was contended that one of the conditions imposed would have prevented the petitioners' members from even playing games of skill, with or without stakes. At the hearing of the appeal, since there was strong opposition by the State to prevent any kind of wagering in the course of their recreational activities, it was insisted that even games of skills could be played only without stakes. Therefore .....

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..... d, as sought to be contended. The matter was fully heard. The counsel for the petitioner had the benefit of the statute and it is not as if the Karnataka Police Act was not within his purview at the time of arguments and hence, the contention that Section 176 of the Karnataka Police Act, 1963 had been overlooked, is a lame ground on which a Review Petition could be sustained and hence, seeks dismissal of the petition. Especially, if any such leeway is granted to the members of the club of the petitioner, it would lead to the mischief of gambling being carried on openly, which is prohibited. Hence, it is sought that the very object of the legislation would be lost if any such concession is made. He seeks that the petition be rejected at the .....

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