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Bombay HC quashes FIR against rummy club, states that playing games of skill is not illegal

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In a recent order dated 13th June, 2017, the Nagpur bench of the Bombay High Court reiterated the legal position that playing rummy in clubs is not illegal.

A division bench comprising of Justices Prasanna Varale and MG Giratkar, while hearing the quashing petition filed by Amravati resident Gajendra Kedia, noted that the game of rummy is not gambling and hence no offence is made out when the game is played in a registered recreational club.

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The police had claimed that Kedia and 27 others were indulging in gambling at the Shivleela Sporting and Recreational Club at Amravati and booked all the accused under Sections 4 and 5 of the Maharashtra Prevention of Gambling Act, 1887.

The bench rejected the contention of the police that gambling activities were being conducted in the club as the name of the game that was being played at the club was not mentioned in the panchanama or FIR. It further noted that for the offence of gambling to be made out, it has to be proven that a game of chance was being played for stakes or wager.

While allowing the FIR to be quashed, the court also noted that although the club recorded all activities through CCTV cameras, the police made no effort to examine the footage to check what games were actually played within the club premises.

Jay has researched extensively on gaming laws and has been cited by various media houses and journals as an expert. He has helped leading newspapers in their stories on gaming laws. Jay completed his B.A. LL.B. (Hons.) degree from NUJS, Kolkata in 2015 and is currently based out of Mumbai.

2 Comments

2 Comments

  1. jahangirshirkoli

    August 28, 2017 at 12:50 pm

    sir,we have a regd. daily news paper publisher in interest of readers we have publishing some records of gaming.But the police has been harrashing the sellers. also noticed us for stop such publication .so sir how can i face this problame please direct me. thanks for valuable articals

  2. SAMEER KHAN

    May 9, 2018 at 5:30 pm

    QUOTE….
    Respected Sir,

    Thanks and appreciate your prompt action, feels like that you have kept Navi Mumbai Police promise of being “Always with you” by shutting the online gaming parlors and gives that immense pleasure for being a part of Navi Mumbai.

    The online gaming center at Vashi Sector 2 opp Meghraj theater is still non operational (thanks to Vashi police success in keeping them still closed) but one at Sanpada railway station premises was being shut for only few days and later reopened last week in full force, and one at Ajanta Complex, Vashi Kopar Khairane Rd, Sector 15, Kopar Khairane, below Metro bar is also operational and many more in Navi Mumbai is still running openly. i can advise the nos of such online gaming parlors operating in navi Mumbai openly without police fear or with someone support.

    By this email, i would like to request your good office to bring such gaming activity center to its fate by closing all centers and ensure that it shouldn’t be reopened again as these online gaming activities incur heavy losses to the players i.e. in lacs and more, i know many ppl who have loss more than 50 lacs in less than a year which may be traced down by accessing their unique member ID allotted to each players, the players after losing suffer from physiological problems leading them to conduct crimes or any other lawless activity for earning money to play gain in faith of retrieving the loss money.

    i am attaching the picture of entrance for Sanpada Railway Station gaming center, for your reference and action.

    I have included our Honorable Chief minister office email ID too for updating his good office about this lawless activity which is operating throughout Maharashtra and may be whole India, gaming centers can be track down by cyber cell department and can be closed on immediate basis as the hub of these gaming are based in China hence all money put here will go directly to china however the servers might are registered in some other country. it can be considered as a national concern as crores of rupees is going in china via this gaming portal.

    Honorable CM Sir, The above info will be posted to your twitter handle too.

    Please find the link of the gaming server which can be blocked in India for permanent solution.

    https://kiosk.luckydragon88.com

    UNQUOTE..

    Sir,
    the above email was sent to the concerned authority i.e. commissioner of police, DCP office and media channels about an illegal gaming centers operating in throughout navi mumbai, but still haven’t recvd any reply from them.

    i would like to request you to advise whether i can file an FIR against them or not as my self and few of my friends have lost plenty of amount in this one sided gambling.

    plz revert me on my email given below.

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