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TMI Blog2018 (1) TMI 1713X X X X Extracts X X X X X X X X Extracts X X X X ..... d Nos. 1 & 2 in Crime No. 1086/2012 on the file of the Valappad Police Station, Thrissur District, to quash the proceedings under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition, the petitioners are accused Nos. 1 & 2 in Crime No. 1086/2012 of Valappad Police Station, alleging that the petitioners have committed the offence punishable under Section 7 & 8 of Kerala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the decision reported in Danykutty v. State of Kerala 1999 (3) KLT 930, Kunhikannan and Others v. Asst. Sub Inspector of Police (1985 KLT 484), State of Andhra Pradesh v. K. Satyanaraya and Others [AIR 1968 SC 825] and Sunil and Others v. State of Kerala and Another 2014 (1) KHC 469, submitted unless it is proved that the place is being used as a common gaming house, mere playing of cards from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - and registered Annexure I First Information Report as Crime No. 1086/2012 alleging offences under Section 7 & 8 of the Kerala Gaming Act. In the decisions relied on by the learned counsel for the petitioners namely Sunil and Others v. State of Kerala and Another 2014 (1) KHC 469, Danykutty v. State of Kerala (1999 (3) KLT 930), Kunhikannan and Others v. Asst. Sub Inspector of Police (1985 KLT 48 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd found that it is not a case to be quashed and also observed that the earlier decisions namely State of Kerala v. Scariah (1966 KLT 780), Kunhikannan and Others v. Asst. Sub Inspector of Police (1985 KLT 484), Anthumayi v. State of Kerala (1999 (1) KLT 149), Danykutty v. State of Kerala (1999 (3) KLT 930) are not good in law in view of the dictum laid down in the decisions reported in Jagat Sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earlier decisions of this Court reported in State of Kerala v. Scariah (1966 KLT 780), Kunhikannan and Others v. Asst. Sub Inspector of Police (1985 KLT 484), Anthumayi v. State of Kerala (1999 (1) KLT 149) and Sunil and Others v. State of Kerala and Another 2014 (1) KHC 469 are having any binding effect and which of the dictum laid down is the correct law taking into consideration the presumption ..... X X X X Extracts X X X X X X X X Extracts X X X X
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