Madras High Court
Sivasankar vs The Inspector Of Police on 20 February, 2025
Crl.O.P.(MD)No.22635 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.02.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.22635 of 2024
and
Crl.M.P(MD) No.14139 of 2024
Sivasankar .. Petitioner
Vs.
1. The Inspector of Police
Airport Police Station
Trichy City
2.Periyasamy
Inspector of Police(Incharge)
Airport Police Station
Trichy .. Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records pertaining to the First Information Report in Crime
No.414 of 2020 on the file of the first respondent and quash the same as
illegal so far as the petitioner is concerned.
For Petitioner : Mr.A.Azhageson
For Respondents : Mr.M.Sakthi Kumar
Government Advocate(Crl.Side)
1/7
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22635 of 2024
ORDER
This Criminal Original Petition has been filed to quash the First
Information Report in Crime No.414 of 2020 on the file of the first
respondent police.
2. The case of the prosecution is that on 27.09.2020 when the
second respondent was in patrol duty they found the petitioner along with
other accused playing cards with stake during the pandemic period near
wireless road, RR residency. On seeing police, the petitioner along with
his friends tried to escape from the occurrence place. But they were caught
by the police and they seized the money and cards and thereafter, FIR has
been registered in Crime No.414 of 2020 for the offence under Section 12
of Tamil Nadu Gaming Act.
3.No counter was filed on the side of the respondents.
4.The learned counsel appearing for the petitioner would contend
that the petitioner is innocent and he has not committed any offence
Section 12 of Tamil Nadu Gaming Act. A false case has been foisted
against the petitioner. As per Section 12 of Tamil nadu Gaming Act, the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22635 of 2024
occurrence has to be taken place in the public place. In the case on hand,
there is no specific mention about public place. Only vague allegation that
behind wireless road, RR residency, the occurrence was taken place.
Therefore, the offence under Section 12 of Tamil Nadu Gaming Act would
not attract. Thereby, the First Information Report is liable to be quashed.
5.The learned counsel appearing for the petitioner relied on the
order passed by this Court in Crl.O.P(MD) No.12445 of 2020 in the case
of Chandrasekar and others .vs. The Sub Inspector of Police,
Thirumangalam Town Poilce Station, Madurai District and others.
6.The learned Government Advocate(Crl.Side) appearing for the
first respondent would contend that on the date of occurrence, all the
accused persons played cards with money (ntl;L Ml;lk;). Thereby, the
respondent police who were on patrol, arrested the accused persons and
seized money of Rs.500/~ and cards and thereafter, registered First
Information Report and no any valid ground to quash the First
Information Report.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22635 of 2024
7.This Court heard both sides and perused the materials available on
records.
8. The main contention raised by the petitioner is that the place of
occurrence has not been specifically mentioned by the respondent police
and vaguely stated that behind wireless road, RR residency. In order to
attract provision under Section 12 of Tamil Nadu Gaming Act, game has
to be in public place or public street. In this case, the allegation is that
behind wireless road, RR residency, there is no specific place mentioned
by the respondents.
9.The learned counsel appearing for the petitioner relied upon the
judgment of this Court in Saminathan and others v. The Inspector of
Police in Crl.O.P.No.6366 of 2021, wherein this Court in para no.6 held as
follows:-
“6.This Court finds that there is no material in the
impugned final report to show that the place where the
petitioners are alleged to have indulged in gaming with
cards is a public place. There is only a vague reference
stating that it was in front of the cosmopolitan club. One
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Crl.O.P.(MD)No.22635 of 2024
cannot infer that it is a public place from such an
allegation. Hence, the necessary ingredient to constitute
the offence under Section 12 of the Tamil Nadu Gaming
Act, 1930 that gaming has to be in a public street or a
public place is not satisfied in the instant case. Hence,
this Court is inclined to quash the final report. That
apart, it is seen that the petitioners who are senior
citizens, are the members of the cosmopolitan club and
there was no necessity for them to play outside the club.
Hence, this Court is inclined to quash the final report.
10. On careful reading of the aforesaid judgment, it is clear that to
attract the Section 12 of Tamil Nadu Gaming Act, game has to be played
in public place or public street otherwise Section 12 of Tamil Nadu
Gaming Act would not attract. In this case, the place of occurrence
mentioned as behind the wireless road, RR residency and no mention
about the public place. The vague reference by stating behind wireless
road, RR residency is not sufficient to attract the provision under Section
12 of Tamil Nadu Gaming Act, since there is no public place or public
street.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22635 of 2024
11. In view of the aforesaid judgment and considering that there is
no specific mention by the respondents about the public place to attract he
provision under Section 12 of the Gaming Act, the pending First
Information Report in Crime No.414 of 2020 on the file of the first
respondent is liable to be quashed.
12. Accordingly this Criminal Original Petition is allowed and the
First Information Report in Crime No.414 of 2020 on the file of the first
respondent is hereby quashed as against this petitioner. Consequently,
connected miscellaneous petition is closed.
20.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
aav
To
1. The Inspector of Police
Airport Police Station
Trichy City
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22635 of 2024
P.DHANABAL,J.
aav
Crl.O.P.(MD)No.22635 of 2024
20.02.2025
https://www.mhc.tn.gov.in/judis
