1982 (3) TMI 283

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....The case has been instituted against the petitioners on the report made by the police, alleging commission of offences punishable under sections 79 and 80 of the Karnataka Police Act. The facts of the case as could be seen from the first information and the charge report submitted after investigation are; on receipt of a credible information to the effect that some persons were playing game of chance at Balaji Recreation Association situated at No. 47, 1st Cross, B. V. K. Iyengar Road, Bangalore City, when the Sub-Inspector of Chickpet Police Station obtained necessary search warrant and went to the spot at about 8 p.m. he found the petitioners-accused present there were playing a game of chance called 'Rummy' with playing cards usi....

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.... dealt out there is an element of chance because the distribution of the cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack. From this alone it cannot be said that Rummy is a game of chance and there is no skill involved in it." In this view, their Lordships of the Supreme Court held that the High Court was not right in accepting the reference and dismissed the appeal filed by the State. 5. The above decision applies to the facts of the present case and the court below was therefore not right in directing the issue of process. The criminal proceedings instituted against the petitioner are clearly an abuse of process of court and are therefore liable to be quashed. 6. ....