Kairali Recreation Club vs State Of Kerala
2021 Latest Caselaw 22374 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 23555 OF 2021
PETITIONER:

          KAIRALI RECREATION CLUB, WARD NO. 4, DOOR NO. 602
          KALIMANPADAM, KANNADY, PALAKKAD - 678 701,
          REPRESENTED BY ITS SECRETARY, SRI.SHAFEERALI, S/O.ALI,
          MARAKAMTHODI HOUSE, B.E.M UP SCHOOL, ATTASSERRY,
          THRIKKADEERI, PALAKKAD - 679 502.

          BY ADV K.ANAND


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME,
          THIRUVANANTHAPURAM - 695 001.

    2     THE DIRECTOR GENERAL OF POLICE,
          POLICE HEAD QUARTERS, VAZHUTHAKKAD,
          THIRUVANANTHAPURAM - 695 010.

    3     THE DISTRICT POLICE CHIEF,
          PALAKKAD DISTRICT, YAKKARA ROAD, NEAR KSRTC BUS STAND,
          PALAKKAD, KERALA 678 014.

    4     THE STATION HOUSE OFFICER,
          PALAKKAD TOWN SOUTH POLICE STATION, COIMBATORE ROAD,
          KUNATHURMEDU, PALAKKAD - 678 013.

          BY ADV.SRI.E.C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23555 OF 2021
                                 -2-

                            JUDGMENT

The petitioner, which is stated to be a

'recreation club', has approached this Court

alleging 'harassment' from the 4th respondent -

Station House Officer.

2. The petitioner says that even though they

have not indulged in any illegal or unlawful

activities, their office bearers have now been

unnecessarily summoned to the Police Station and

that this is causing them extreme vexation. They,

therefore, pray that the 4th respondent be directed

not to summon their office bearers in future

without cause.

3. However, the afore submissions of

Sri.K.Anand - learned counsel for the petitioner,

were controverted by the learned Government

Pleader - Sri.E.C.Bineesh, saying that two Crimes

have been registered against the petitioner, under WP(C) NO. 23555 OF 2021

Sections 7 and 8 of the Kerala Gaming Act, 1960

('the Act', for short), and that they are

presently under investigation. He then added that,

contrary to the assertions of the petitioner, the

game of "Poker" was reported to have been carried

in their premises and that this attracts the penal

provisions under the Act. He thus prayed that this

writ petition be dismissed.

4. In reply, Sri.K.Anand - learned counsel

for the petitioner, submitted that, as is evident

from Ext.P2 FIR - based on which the afore crimes

have been registered, it is indubitable that none

of the provisions of Sections 7 and 8 of the Act

are involved, because what is being allowed in the

club is only a game of cards, without use of money

or such other inducements.

5. When I consider the afore submissions, it

becomes luculent that this Court cannot enter into

the merits of the contentions of the petitioner or WP(C) NO. 23555 OF 2021

the contents of Ext.P2 FIR, since the Police has

registered Crimes; and they certainly must be

given liberty to investigate it appropriately as

per law.

6. In the afore perspective, I deem it

appropriate to dispose of this writ petition;

however, confirming the interim order dated

29.10.2021, through which I had only directed that

the office bearers of the petitioner club will be

summoned to the Police Station with regard to

Ext.P2 FIR, only after issuing them notices under

Section 41A of the Code of Criminal Procedure.

Since this interim order is not opposed by the

official respondents, I deem it appropriate to

follow such course.

Resultantly, this writ petition is allowed

confirming the interim order dated 29.10.2021;

however, making it clear that the Police

Authorities are at full liberty to cause necessary WP(C) NO. 23555 OF 2021

investigations into the Crimes already registered

or to be registered against the petitioner, as per

law.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 23555 OF 2021

APPENDIX OF WP(C) 23555/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. PKD/CA/52/2021 DATED 03-02-2021

EXHIBIT P2 TRUE COPY OF THE FIR NO. 1672/2021 OF THE PALAKKAD TOWN SOUTH POLICE STATION 30-08-2021

EXHIBIT P3 TRUE COPY OF COMPLAINT DATED 7-10-2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE