Naveen vs State Of Rajasthan

The instant misc. petition has been preferred by the petitioner herein seeking quashing of the proceedings of the Cr. Complaint Case No.21/2018

pending in the court of learned CJM, Bikaner for the offence under Section 3/4 of the Rajasthan Prevention of Gambling Ordinance, 1949 (hereinafter

referred to as ‘RPGO 1949’ for brevity).

Learned counsel Shri Deepak Sharma representing the petitioner urges that the proceedings of the impugned complaint are grossly illegal and amount

to an abuse of process of court because the petitioner was found operating a video-game parlor which is a game of skill and cannot be equated with a

game of chance so as to invoke the provisions of RPGO, 1949. In support of his contention, Shri Sharma relied upon the judgment rendered by a

coordinate Bench of this Court in the case of Surendra Prakash Vs. State of Raj. passed in S.B.Cr.Misc.Petition No.1986/2016 decided on 19.11.2016

and urges that the proceedings of the impugned complaint deserve to be quashed.

Learned Public Prosecutor has vehemently and fervently opposed the submissions advanced by the petitioner’s counsel. Nonetheless, he is also

not in a position to dispute that from the admitted allegations as set out in the impugned complaint, the petitioner was operating a video-game parlor,

where 5 persons were found playing a pool game when the Investigating Officer conducted the raid.

Manifestly, a video-game in the nature of a game of skill and not a game of chance was being played by persons assembled in the petitioner’s

parlor and hence, the provisions of RPGO 1949 cannot be invoked.

The controversy at hand is squarely covered by the judgment rendered by coordinate Bench of this Court in the case of Surendra Prakash referred to

supra.

Accordingly, the misc. petition is allowed. The proceedings of Cr. Complaint Case No.21/2018 pending in the court of learned CJM, Bikaner for the

offence under Section 3/4 of the Rajasthan Prevention of Gambling Ordinance, 1949 are hereby quashed as the same amount to a gross abuse of

process of law.

Stay petition is disposed of.