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TMI Blog2014 (1) TMI 1930X X X X Extracts X X X X X X X X Extracts X X X X ..... so the offence is not attracted in the absence of an allegation even in the FIR or in the final report. The petitioners are legally entitled to contend that the charge against them is unsustainable in the law. Therefore, this Court is persuaded to invoke jurisdiction under Section 482 CrPC to terminate a prosecution, which cannot stand the scrutiny of law. Petition allowed. - Crl. M.C. Nos. 3124, 3350 and 4083 of 2011 - - - Dated:- 15-1-2014 - A. HARIPRASAD, J. For the Appellant : M.H. Hanil Kumar and M.R. Dhanil For the Respondent : Bindu Gopinath, Public Prosecutor ORDER A. Hariprasad, J. 1. Petitions filed under Section 482 Cr.P.C. Petitioners in these cases stand charge-sheeted for offences punishable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) common gaming house means any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying using or keeping such house, room, tent, enclosure, vehicle, vessel or place whether by way of charge for the use of instruments of gaming or of the house, room, tent, enclosure, vehicle, vessel or place or otherwise howsoever; and include any house, room, tent, enclosure, vehicle, vessel or place opened, kept or used or permitted to be opened, kept or used for the purpose of gaming; (b) gaming does not include a lottery but includes wagering or betting. Explanation.-- For the purpose of this definit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Act. To buttress this contention, a decision reported in Kunhikannan and Others v. Asst. Sub Inspector of Police 1985 KHC 110 : 1985 KLT 484 : 1985 KLJ 462 : ILR 1985 (2) Ker. 562 was pressed into service. Learned Single Judge after surveying the precedents on the point and considering the provisions held as follows: For invoking Sections 7 and 8, one of the conditions precedent is that there must be a common gaming house. Gaming in a private building or place is not made offences. There is nothing to show that it is intended to be prohibited also. The words used are not gaming house , but common gaming house . Common gaming house indicates that it is a place intended and used frequently as a common place for the purpose. The e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ming house. Common gaming house is defined in Section 2(a) of the Kerala Gaming Act, 1960 as any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent enclosure etc. whether by way of charge for the use of instruments of gaming or of the house, room, tent, enclosure etc. Thus from the definition it is seen that even a residential house or a room in a hotel can be converted into a common gaming house if the other requirements in the definition are satisfied. But what realty makes it a common gaming house is that the gaming must be permitted or the instrume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred. The 'three card' game which goes under different names such as 'flush', 'brag' etc. is a game of pure chance. Rummy on the other hand, requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge. In fact in all games in which cards are shuffled and dealt out there is an element of chance because the distribution of the cards is not according to any set pattern but is dependent upon how ..... X X X X Extracts X X X X X X X X Extracts X X X X
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