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1982 (3) TMI 283 - HC - Indian Laws

Issues:
Petition to quash criminal proceedings under sections 79 and 80 of the Karnataka Police Act based on the game of Rummy being considered a game of skill rather than chance.

Analysis:
The petitioners sought to quash criminal proceedings initiated against them under sections 79 and 80 of the Karnataka Police Act, arguing that the game of Rummy, for which they were accused, required skill rather than being entirely based on chance. The case revolved around the police report alleging gambling at a recreation association, where the petitioners were found playing Rummy with stake money. The petitioners contended that Rummy was a game of skill, not chance, and thus the proceedings should be quashed. The court referred to a Supreme Court judgment stating that Rummy involves skill in card memorization and strategy, distinguishing it from games of pure chance. Consequently, the court found the petitioners' argument well-founded, as Rummy was primarily a game of skill with an element of chance akin to card games like bridge. This ruling was applied to the present case, leading to the conclusion that the criminal proceedings were an abuse of court process and should be quashed.

The government pleader argued that evidence of gambling and profit-making from Rummy could sustain the charges, citing the Supreme Court's reference to potential offenses if gambling or profit was involved. However, the court rejected this argument, emphasizing that the game of Rummy itself was not gambling but a skill-based activity. The court noted that the mere collection of commission by the association president for allowing Rummy games did not transform the premises into a gambling house or constitute an offense under the Police Act. Drawing parallels with fees charged for other club activities, the court reasoned that collecting fees for Rummy did not indicate illegal gambling activities. Ultimately, the court allowed the revision petition, setting aside the process against the accused and quashing the criminal proceedings, as the allegations did not establish any offense under the Police Act.

In conclusion, the judgment focused on the distinction between games of skill and chance, particularly regarding the game of Rummy in the context of criminal proceedings under the Karnataka Police Act. The court's analysis centered on the skill element in Rummy, rejecting the notion of it being a game of pure chance. Additionally, the court scrutinized the evidence presented and concluded that the collection of commission for Rummy games did not amount to illegal gambling activities, leading to the decision to quash the criminal proceedings against the petitioners.

 

 

 

 

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