IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4079 OF 2025 Between: 1. Vottikuti Mohan Rao, S/o. (Late) Gopalam, aged about 69 years, R/o D.No.301, Suchitra Apartment, East Point Colony, Visakhapatnam. 2. G.Kameswara Rao, S/o. (Late) Satya Rao, aged about 66 years, R/o North Extension, Seethammadhara, Visakhapatnam. 3. Thanneru Koteswara Rao, S/o. Kotayya, aged about 68 years, R/o Flat y" No. 302, Srikar Enclave, East Point Colony, Visakhapatnam ...PETITIONERS/ACCUSED Nos. 1, 7 & 8(S) AND 1. The State of Andhra Pradesh, Represented by Station House Officer, IV Town Police Station, Visakhapatnam Commissionerate, Represented through Public Prosecutor, The High Court for the State of Andhra Pradesh at Amaravathi. 2. Sri G.Venkata Rao, Sub-Inspector of Police, IV Town Police Station, Visakhapatnam Commissionerate, Andhra Pradesh. ...RESPONDENT/DEFACTO COMPLAINANT / Petition under Section 528 of BNSS U/s 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records of the Calendar Case bearing C.C. No. 1952 of 2024 on the file of the Hon’ble I Additional Chief Metropolitan Magistrate, Visakhapatnam City. LA. NO: 2 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings against the Petitioners in Calendar Case bearing C.C. No. 1952 of 2024 on^ the file of the Hon’ble I Additional Chief Metropolitan Magistrate, Visakhapatnam City. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C. Sumon, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondents. The Court made the following ORDER: 1 HN, J Crl.P.No.4079 2025 XAPHC010192532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY .THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4079/2025 Between: ...PETITIONER/ACCUSED(S) Vottikuti Mohan Rao and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petltioner/accused(S): 1.CSUMON Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HNJ Crl.P.No.4079 2025 The Court made the following Common Order: The learned counsel for the petitioners submits that the petitioners are 1. alleged to have committed offences under Sections 3 and 4 of the Andhra Pradesh Gaming Act, 1974, and are facing trial in C.C.No.1952 of 2024, on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam. The learned counsel for the petitioners submits that the police conducted 2. a raid on 07.04.2024 in Room No.217 of Diamond Pearl Hotel, Sankaramatam along with mediators. It is submitted that, as detailed in the mediators’ report the petitioners, upon noticing the police, attempted to flee from the place; however, they were apprehended. It is also submitted that the mediators’ report does not record the statements of the petitioners and others regarding the nature of the card game being played - whether it was a game of skill or a game of chance. 3. However, in the charge sheet, the police stated that Accused Nos.1 to 8 were playing a game of chance (“in and out”) and resorted to betting, as thus were apprehended. The police have also stated in the charge sheet that an amount of Rs.58,530/- was recovered. The learned counsel for the petitioners submits that during the raid, the police could not ascertain the nature of the game being played, and as seen from the mediators’ report, there is no detail as to whether the game was one of skill or chance. Despite this, the charge sheet states that the petitioners were found playing a game of chance (“in and out”) to frame them under the Act. 3 HN, J Crl.P.No.4079 2025 4. Heard the learned Assistant Public Prosecutor appearing for the State. The learned Assistant Public Prosecutor submits that the police seized 5. cash from the scene of the offence and also seized 52 playing cards. Eight of the accused were arrested. It is further submitted that the police obtained the signatures of the mediators on the material objects seized from the scene of offence, and the mediators’ report also details the alleged offences. 6. Perused the record. 7. The mediators’ report is silent on the nature of the game played by the petitioners. It merely stated that eight persons, upon noticing the police, tried to escape from the room, but were apprehended. Thereafter, the mediators ascertained the names of the eight persons. All that is elicited by the mediators is that the petitioners were playing a card game. 8. 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”). 4 HN, J Crl.P.No.4079 2025 9. In the absence of any material or evidence to establish that the petitioners have committed an offence under Sections 3 and 4 of the Andhra Pradesh Gaming Act, continuation of prosecution in C.C.No.1950 of 2024, on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, would amount to gross abuse of the due process of law. 10. On these grounds, C.C.No.1952 of 2024, on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, is hereby quashed against the petitioners. 11. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, sjiall stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, IV Town Police Station, Visakhapatnam. 2. One CC to SRI. C. SUMON Advocate [OPUC] 3. Two GC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies Chp GSC fir . h HIGH COURT DATED:21/04/2025 ORDER CRLP.No.4079 of 2025 S{ 2 1JUL 2025 «o ALLOWING THE CRIMINAL PETITION