Dismissed

M/S Mallathahalli Cultural Association (R) v. the Director General and Inspector General of Police

Karnataka HC24 Mar 2022WP/5858/2022

Case brief

AI extract

What is this about?

The Court disposed of this writ petition under Articles 226 and 227 of the Constitution. It directed the respondents-police not to interfere in the lawful recreational activities of the petitioner's club but imposed conditions requiring CCTV installation, issuance of identity cards, and prohibition of games of chance or profit, referencing prior decisions. The order allows police inspection if unl

What did the court decide?

Respondents directed not to interfere with lawful club activities, contingent on petitioner installing CCTV, issuing ID cards, and prohibiting games of chance or profit under the Karnataka Police Act.

M/S Mallathahalli Cultural Association (R) Vs the… — Consumer Protection | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF MARCH, 2022

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BEFORE

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THE HON' BLE MR. JUSTICE S.G. PANDIT

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WRIT PETITION No.5858/2022 (GM-POLICE)

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BETWEEN:

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M/S. MALLATHAHALLI CULTURAL ASSOCIATION ® REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1959 HAVING ITS REGISTERED OFFICE AT 28 NINADU, 5^TH MAIN NEAR NARAYANA E-TECHNO SCHOOL MALLATHAHALLI, BENGALURU-560056 REP. BY ITS PRESIDENT SRI BHARATH RAO K.S. AGED 39 YEARS S/O SRI SHESHGIRI RAO K.

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...PETITIONER

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(BY SRI JAGADISH BALIGA N., ADV.)

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AND:

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THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS NRUPATUNGA ROAD BENGALURU-560001.

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THE ADDITIONAL COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU-560 001.

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THE INSPECTOR OF POLICE ANNAPURNESHWARI NAGAR POLICE STATION ANNAPURNESHWARI NAGAR BENGALURU-560 056.

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…RESPONDENTS

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(BY SRI M VINOD KUMAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO R3 AND THEIR SUBORDINATES NOT TO INTERFERE IN THE SMOOTH FUNCTIONING OF THE CLUB IN CONDUCTING SKILL GAMES LIKE CARD (RUMMY), CHESS, CAROM, SNOOKER, VIDEO GAMES AND SIX COLOR PIN GAME (DART) AND ANY OTHER SKILL GAMES PLAYED AS PER THE ABOVE MENTIONED COURT ORDERS.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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Sri M. Vinod Kumar, learned AGA accepts notice

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for the respondents.

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With the consent of learned counsel for both the parties, this petition is taken up for final disposal.

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The petitioner is before this Court praying for a

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writ of mandamus directing the respondents-Police not to interfere in the smooth functioning of the club in conducting skill games like Cards (Rummy), Chess, Carom, Snooker, Video Games like Cards (Rummy), Chess, Carom, Snooker, Video Games and Six Colour Pin Game (Dart) and any other skill games. It is also submitted that petitioner shall not contravene any of the provisions of Karnataka Police Act and the Games

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conducted by the petitioner’s Association would not attract the provisions of the Karnataka Police Act.

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Both the parties submit that the issue involved in this writ petition is covered by the decision of this Court in W.P.No.41523/2019 (GM-POLICE) dated 04.09.2019 and other similar petitions. Taking note of the same, this writ petition is disposed of with the following conditions:-

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(i) The petitioner shall install within a period of six weeks, CC TV cameras, at the places of access to its members and also at all the places, wherein game(s) is / are played by the members. The CC TV footage of atleast prior 15 days’ period shall be made available by the petitioner o the jurisdictional police, as and when called upon to do so.

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(ii) The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the concerned police, during the raid(s), survelliance, etc.

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(iii) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played.

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(iv) The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlawful manner by the member(s). If the jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to take action against the petitioner and the offenders, in accordance with law.

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(v) The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being carried on in the petitioner’s premises.

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(vi) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s – Club/Association.

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(vii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities.

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No order as to costs.

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Sd/JUDGE

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NG* CT:bms

M/S Mallathahalli Cultural Association (R) v. the Director General and Inspector General of Police

Case brief

What is this about?

What did the court decide?

M/S Mallathahalli Cultural Association (R) v. the Director General and Inspector General of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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