TMI Blog1982 (3) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... ice, alleging commission of offences punishable under sections 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 prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cording to any set pattern but is dependent upon how the cards find their place in the shuffled pack. From this alone it cannot be said that Rummy is a game of chance and there is no skill involved in it. In this view, their Lordships of the Supreme Court held that the High Court was not right in accepting the reference and dismissed the appeal filed by the State. 5. The above decision applies to the facts of the present case and the court below was therefore not right in directing the issue of process. The criminal proceedings instituted against the petitioner are clearly an abuse of process of court and are therefore liable to be quashed. 6. Sri Kuranga, learned High Court, Government Pleader, however, relying upon the observati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Police Act. The allegation made by the Investigating Officer was that the accused were merely playing a game called Rummy by using the cards, but not any game of chance. As pointed out by the Supreme Court in the decision referred to above, it is commonly known that stacks have to be purchased and maintained for the use of the members and service is give, money is thus collected. Just as some fee is charged for the games of billiards, pingpong, tennis, etc., an extra charge for playing cards (unless it is extravagant) would not show that the club was making a profit or gain so as to render the club into a common gambling house. The collection of some fees may become necessary to maintain the Association running. Therefore, if accused- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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