M/S D M Gaming Pvt Ltd vs The State Of Karnataka
2022 Latest Caselaw 11605 Kant

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 IN THE HIGH COURT OF KARNATAKA, BENGALURU

  DATED THIS THE 6TH DAY OF SEPTEMBER, 2022

                      BEFORE

    THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

 WRIT PETITION NO.10151 OF 2022(GM-POLICE)

BETWEEN:

M/S D M GAMING PVT LTD.,
A BODY CORPORATE CONSTUTED
UNDER COMPANIES ACT 2013,
HAVING ITS OFFICE AT NO 73/1,
OLD AIRPORT ROAD, DOMLUR
BANGALORE 560 071.
REP BY ITS DIRECTOR
SRI. MUKESH CHAWLA,
S/O SRI VIJAYKUMAR CHAWLA,
NO 216, VIENYARD, 1ST FLOOR,
ERACHANDR ROAD, COX TOWN,
BANGALORE 560 025.
                                       ...PETITIONER

(BY SRI. N RAVINDRA KAMATH, SENIOR COUNSEL FOR
    SMT. SHASHIREKHA MANJAYYA SHETTY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
   REP BY ITS SECRETARY,
   DEPARTMENT OF HOME,
   VIDHANA SOUDHA,
   BANGALORE 560 001.

2. THE COMMISSIONER OF POLICE,
   INFANTRY ROAD,
   BANGALORE 560 001.
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3. THE JOINT COMMISSIONER OF POLICE,
   (LAW AND ORDER), INFANTRY ROAD,
   BANGALORE 560 001.

4. THE DEPUTY COMMISSIONER OF POLICE,
   CENTRAL CRIME BRANCH,
   BANGALORE.

5. THE DEPUTY COMMISSIONER OF POLICE
   SOUTH EAST DIVISION,
   KORAMANGALA,
   BANGALORE 560 034.

6. THE ASSITANT COMMISSIONER OF POLICE,
   ADUGODI, BANGALORE 560 034.

7. THE POLICE INSPECTOR,
   KORAMANGALA POLICE STATION,
   KORAMANGALA,
   BANGALORE 560 034.
                                       ... RESPONDENTS
(BY SRI. VINOD KUMAR M, AGA FOR R1 TO R7)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT RESPONDENTS TO NOT INTERFERE WITH THE
SMOOTH FUNCTION OF THE PETITIONER COMPANY GAMING
ACTIVITIES IN CONDUCTING RECREATIONAL GAMES OF
SKILL IN ONLINE AND OFFLINE (BRICK AND MOTOR) GAMES
TO ITS CUSTOMERS PURSUANT TO THE REPRESENTATION OF
PETITIONER DTD.6.5.2022 (ACKNOWLEDGED ON 9.5.2022)
PRODUCED AT ANNEXURE-A

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-

                         ORDER

The subject matter of this writ petition is

substantially similar to the one treated by Division Bench

of this Court in ALL INDIA GAMING FEDERATION, THANE

WEST, MAHARASHTRA VS. STATE OF KARNATAKA AND

ANOTHER, 2022(1) KCCR 513, a copy whereof avails at

Annexure-C. The said judgment recognizes the liberty of

persons like the petitioner who are engaged in online &

offline gaming, in the light the objectionable amendment

to Karnataka Police Act, 2021 that has since been struck

down as being, unconstitutional.

2. Learned Sr. Advocate appearing for the

petitioner argues that one of the objects enumerated in

the Memorandum of Association and Articles of

Association of the Company is to carry on such a

business in both online & offline realms gaming and in

the light of the above decision, the police cannot

interfere. There is force in this submission. Nothing

contra is shown by the learned AGA despite vociferous

submissions.

3. The Division Bench of this Court in

W.A.Nos.932-933/1974 between A.V.VINODA &

ANOTHER Vs. STATE OF KARNATAKA BY ITS

COMMISSIONER & SECRETARY disposed off on

11.12.1974, has held that the Court should treat the

like-cases alike and if relief is granted to a litigant it has

to be extended to a similarly circumstanced litigant as

well, there being no derogatory circumstances.

In the above circumstances, this petition is allowed

in apart. The respondent-police are restrained from

interfering with the online & offline gaming business of

the petitioner.

It is made clear that this order shall not come in the

way of police doing their usual supervision of law & order

as provided under the Karnataka Police Act, 1963 or any

other law.

Costs made easy.

Sd/-

JUDGE Bsv