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Issues: Whether rummy played with stakes in a club premises amounts to gaming so as to attract the A.P. Gaming Act, 1974, and whether the FIR alleging running of a common gaming house was liable to be quashed.
Analysis: The Court applied the settled principle that rummy is mainly and preponderantly a game of skill, and that a game falling within the category of mere or substantial skill is outside the mischief of the gaming law. It further held that Section 15 of the A.P. Gaming Act, 1974 excludes games of skill only from the operation of the Act, and that the expressions "games of skill only" and "games of mere skill" are synonymous for this purpose. On that basis, the fact that stakes were played for, or that the club may have derived profit, was held not to convert the activity into gaming under the Act.
Conclusion: Rummy with stakes was held not to attract the A.P. Gaming Act, 1974, and the FIR for alleged offence under Section 3 was quashed.
Ratio Decidendi: A game which is predominantly one of skill falls within the statutory exclusion for games of skill only, and cannot be treated as gaming merely because it is played with stakes or generates profit.