The Telangana High Court has quashed a gambling case against a Private Teacher observing that the prosecution could not establish that the location in question is a public place where inconvenience could be caused to the public.

The Court was considering a Criminal Petition seeking quashing of case registered for the offences punishable under Section 9(i) of the T.S. Gaming Act, 2017.

The single bench of Justice K. Sujana observed, ".... the prosecution has not established that the location in question is a public place where inconvenience could be caused to the public. As such, the continuation of proceedings against the petitioner is nothing but abuse of the process of law and the same are liable to be quashed."

Facts of the Case

The case was filed after a raid in which two individuals were caught and eight escaped. Counsel for the Petitioner submitted that the Petitioner has been falsely implicated as Accused No.8 in the subject crime, which is a clear abuse of the process of law and that the charge sheet lacks specific allegations against the Petitioner, and the three witnesses cited are all official witnesses. Furthermore, the investigation yielded nothing but a panchanama with a confession from co-accused individuals. He further submitted that the Petitioner is an innocent person with no prior criminal history, and the Respondents have foisted a false case with vague allegations and that a cursory examination of the charge sheet reveals that there are no overt acts attributed to the petitioner, and the entire case rests on flimsy grounds. He contended that the Petitioner's livelihood as a private teacher is precarious, and they have significant family responsibilities and subjecting him to a trial on fabricated charges would cause irreparable harm to his family members.

Assistant Public Prosecutor, on the other hand, submitted that the scene of the offence is said to be located behind the Indian Gas Agency and therefore, it cannot be concluded that it is not a public street. It was contended that whether it is a public street or a private place has to be decided by the trial Court after adducing evidence and therefore, at this stage, the quashing of proceedings against the Petitioner does not arise, and he prayed the Court to dismiss the criminal petition.

Reasoning By Court

The Court at the outset noted that when the Police register a case under Section 9(1) of the Gaming Act, they are required to prove that the alleged gaming occurred in a public street, thoroughfare, or a place accessible to the public which the Prosecution failed to prove.

The Petition was accordingly allowed.

Cause Title: Thunga Mallesh Mallaiah v. The State of Telangana

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Telangana High CourtJustice K. Sujana

Sheetal Joon