1 HN, J Crl.P.No.5555_2025 APHC010257672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5555/2025 Between: 1. KALANGIRI KIRAN KUMAR @ NASARI RAVI KIRAN, S/O. KRISHNUDU, AGED ABOUT 39 YEARS, WORKING AS POLICE CONSTABLE AT SRISAILAM II POLICE STATION,GEN NO.2927, R/O.D.NO.28/753, EKALAVYA NAGAR, NANDYAJA TOWN AND DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, On behalf of Station House Officer, Sub-Inspector of Police, Altur Police Station, YSR Kadapa District. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings against the Petitioner/ .Accused no.20 in the STC. No.23 of 2024 on the file of the Hon'ble Judicial First Class Magistrate, Sidhout under sections 9(1) of A.P. Gaming Act and 9 of AP Prohibition Act illegal and in abuse of process of law and pass IA NO: 1 OF 2025 2 HN, J Crl.P.No.5555_2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay all further proceedings against the Petitioner / Accused no.20 in the STC. No. 23 of 2024 on the file of the Hon'ble Judicial First Class Magistrate, Sidhout under sections 9(1) of A.P. Gaming Act and 9 of AP Prohibition Act, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused: 1. THANJAVURU VENKATA SUMAN Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 HN, J Crl.P.No.5555_2025 The Court made the following Order: 1. The learned counsel for the petitioners submits that the petitioners are alleged to have committed offences under Section 9(1) of the Andhra Pradesh Gaming Act, 1974, and are facing trial in S.T.C.No.23 of 2024, on the file of the Judicial First Class Magistrate, Sidhout. 2. The learned counsel for the petitioners submits that the “game of chance” (Mangathai) occurred on 23.11.2024 at 1:30 AM, wherein the accused Nos.1 to 20 were detained while they were playing a “game of chance” called “Mangathai” with 52 playing cards, and the betting amount of Rs.1,84,760/-, one Eicher van, 20 cells of the accused Nos.1 to 20 and 6 liquor bottles. Upon this, the respondent/defacto complainant lodged a report Suo Moto report in Crime No.106 of 2024 of Atlur Police Station, YSR Kadapa under Sections 9(1) of the Andhra Pradesh Gaming Act and 9 of the Andhra Pradesh Prohibition Act. 3. It is further submitted that at the time of filing charge sheet under Section 9(1) of the Andhra Pradesh Gaming Act and Section 9 of the Andhra Pradesh Prohibition Act, the accused Nos.1, 2 and 4 to 19 were separated and paid a fine amount before the Magistrate. A separate charge sheet, STC No.23 of 2024, on the file of the Judicial First Class Magistrate, Sidhout, was filed against accused No.20/petitioner herein under Section 9(1) of the Andhra Pradesh Gaming Act and Section 9 of the Andhra Pradesh Prohibition Act. The petitioner/accused No.20, is only contesting the said crime, whereas the remaining accused Nos.1,2 and 4 to 19 were separated by the charge sheet. 4 HN, J Crl.P.No.5555_2025 4. However, Section 9(1) of the Andhra Pradesh Gaming Act, 1974 addresses whoever is found gaming, or reasonably suspended to be gaming, in any public street or thoroughfare, or in any place to which the public have, or are permitted to have, access, shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to three hundred rupees, or with both. Section 9 of the Andhra Pradesh Prohibition Act, 1995, deals with punishment for being found in a state of intoxication in a public place. It prescribes imprisonment ranging from two months to one year, along with a fine of up to two thousand rupees for such an offence. The petitioner/accused No.20 has never committed any alleged offence by the respondent. 5. Heard the learned Assistant Public Prosecutor appearing for the State. 6. Perused the record. 7. Without ascertaining the nature of the game played, the mediators submitted a report. However, the police, based on the mediators’ report, concluded that the petitioners were playing an “in and out” game and filed the charge sheet. Admittedly, there is nothing on record to show that the petitioners were playing in and out” game (a game of chance). Equally, there is no evidence on record to show that the petitioners were playing a game of skill (such as “Rummy”). 5 HN, J Crl.P.No.5555_2025 8. In the absence of any material or evidence to establish that the petitioners having committed an offence under Sections 9(1) of the Andhra Pradesh Gaming Act, continuation of prosecution in S.T.C.No.23 of 2024 on the file of the Judicial First Class Magistrate, Sidhout, would amount to gross abuse of the due process of law. 9. On these grounds, S.T.C.No.23 of 2024 on the file of the Judicial First Class Magistrate, Sidhout, is hereby quashed against the petitioners. 10. Accordingly, the criminal petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 19.06.2025 NKA 6 HN, J Crl.P.No.5555_2025 346 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.5555 of 2025 Date: 19.06.2025 NKA