Sanikommu Venkateshwar Reddy, v. The State Of Andhra Pradesh,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND FIFTEEN HONOURABLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION NO. 705 2011 Between:
Sanikommu Venkateswar Reddy & Ors. ... Petitioners V/s.
State of Andhra Pradesh Rep.by its Public Prosecutor High Court of AP Hyderabad & Anr. ... Respondents Counsel for the Petitioners : Sri P.Vamsheedhar Reddy Counsel for the Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE M.S.K. JAISWAL
CRIMINAL PETITION NO. 705 OF 2011 O R D E R :
The petitioners are A-1 to A-6 in Crime No.177 of 2009 of Police Station Subedari. The petitioners A-1 to A-5 were regular visitors of Ekashila Agro Services Forum and they used to regularly play games and some time secretly play cards by betting money. The petitioner/A-6 is working as Attender in the said Ekashila Agro Services Forum. A perusal of the FIR and remand case diary show that the offences alleged are in two parts.
2. It is alleged that while A-1 to A-5 were playing cards by betting money. The allegation against A-6 is that even though there is restriction in the matter of selling liquor during the restriction period 14/04/2009 to 16/04/2009 in view of general Elections to be held on 16/04/2009, he has stored sufficiently huge quantity of liquor and was selling the same to the persons who were visiting Ekasila Agro Services Forum. Accordingly on the date of incident when A-1 to A-5 went to the Forum, they purchased IMFL from A-6 and were playing cards and surprisingly they were all caught and the amount totalling Rs.86,230/- in addition to IMFL bottles were
seized.
3. The contention of the petitioners A-1 to A-6 is that even a bare reading of either the complaint or the remand case diary does not at all show that any offence has been committed by the petitioners A-1 to A-5. It is submitted that playing cards by itself is prohibited unless it is shown that petitioners A-1 to A-5 were indulging in game which is prohibited in law. The allegations as it is, that petitioners A-1 to A-5 were playing cards by betting money. Therefore that allegation itself does not constitute an offence so as to prosecute A-1 to A-5 for the said offence.
4. In so far as the petitioner/A6 is concerned, the allegation that he was selling IMFL liquor by procuring from outside to the visitors playing cards. Therefore, investigation can be proceeded against A-6. On the face of it, absolutely no allegations are made out against A-1 to A-5 so as to continue with the investigation. The criminal petition is partly allowed and further investigation against A-1 to A-5 is quashed. The investigating agency shall proceed with the investigation in so far as A-6 is concerned.
5. As a sequel, Miscellaneous Petitions if any, pending in this criminal petition shall stand closed.
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JUSTICE M.S.K. JAISWAL 18/06/2015 I s L HON'BLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION NO. 705 OF 2011
Date:18/06/2015 Circulation No.
Court Master: I s L.