IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.20658 OF 2015(GM-RES) & WRIT PETITION NO.20756 OF 2015(GM-RES) BETWEEN:
THE MEMBERS LOUNGE RECREATION CLUB NO.3/1, VINAYAKA CIRCLE, II MAIN, PALACE GUTTAHALLI, BENGALURU 560003.
REPRESENTED BY ITS MEMBER PRABHAKAR S/O.NARAYANA, AGED ABOUT 38 YEARS, MEMBER, THE MEMBERS RECREATION LOUNGE, R/A.NO.51, 1ST MAIN, HOSAKEREHALLI, BENGALURU-560003.
... PETITIONER (BY SRI: N RAVINDRANATH KAMATH, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.
2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU-560001.
3. THE DEPUTY COMMISSIONER OF POLICE CRIME BRANCH, RAYAN CIRCLE, BENGALURU CITY-560018.
4. THE POLICE INSPECTOR CCB, S & E, NEW THARAGUPET, BENGALURU-560002.
5. THE POLICE INSPECTOR VYALIKAVAL POLICE STATION, BENGALURU-560003.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTUTION OF INDIA PRAYING TO DECLARE THAT THE REGISTRATION OF FIR VIDE ANN-B IN CRIME NO. 34/2015 VIDE ORDER DATED 7.2.2015 OF VYALIKAVAL POLICE STATION ON THE WRONG ASSUMPTION THAT SIX COLOUR PIN GAME IS A GAME OF CHANCE, EVENTHOUGH IT IS DECLARED AS A 'GAME OF SKILL' AND LICENSE IS NOT REQUIRED, IS CONTRARY TO THE LAW LAID DOWN BY THIS HON'BLE COURT AND WITHOUT THE AUTHORITY OF LAW. QUASH THE FIR VIDE ANN-B IN CRIME NO. 34/2015 VIDE ORDER DATED 7.2.2015 OF VYALIKAVAL POLICE STATION REGISTERED FOR OFFENCES UNDER SECTION 188 IPC READ WITH SECTIONS 78-A[vi], 79 AND 80 OF KARNATAKA POLICE ACT ON THE BASIS OF GOVERNMENT ORDER DATED 12.9.2013 WHICH HAS BEEN WITHDRAWN BY THE GOVERNMENT, AS BEING WITHOUT THE AUTHORITY OF LAW, CONTRARY TO THE DIRECTIONS OF THIS HON'BLE COURT. DIRECT THE R-1 AND 2 TO IMPLEMENT THE DIRECTIONS ISSUED BY THE HON'BLE SUPREME COURT OF INDIA IN THE CASE REPORTED IN 2014[8] SCC 273. RESTRAIN THE RESPONDENTS POLICE FROM INTERFERING WITH THE RUNNING OF FIRST PETITIONER CLUB BY CONDUCTING SIX COLOUR PIN GAME, WHICH IS A GAME OF SKILL. INITIATE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENTS FOR HAVING DISOBEYED THE DIRECTIONS OF THIS HON'BLE COURT AND INTERFERING WITH THE ACTIVITIES OF THE FIRST PETITIONER, WHICH IS CONTRARY TO LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard Sri. N. Ravindranath Kamath, learned counsel for the petitioner. Perused the records.
Petitions are filed under section 482 Cr.P.C. seeking to quash the FIR in Cr.No.34/2015.
2. When the matters are taken up for hearing, learned Addl. SPP appearing for respondent No.1 to 5 submitted that after investigation, charge sheet has been submitted before the Court in C.C.No.28908/2015 and subsequently, the trial court dropped the entire proceedings by order dated 16.11.2018. Submission of learned Addl. SPP is placed on record.
In view of the above facts, nothing further survives for consideration in these petitions.
Accordingly, the petitions are dismissed.
Sd/- JUDGE *mn/-