Institute of Legal and Management Studies

The Supreme Court recently upheld a Karnataka High Court order quashing an FIR registered against a Bengaluru recreation club owned by M/s. DM Gaming Ltd where Poker is played over allegations of illegal gaming.

The High Court had quashed the FIR relying on its judgment in another case, Rohit Tiwari v. State of Karnataka, which observed that Poker and Rummy are games of skill.

Though the Supreme Court dismissed the State's Special Leave Petition against the High Court's quashing order, it kept the question of law open.

“We do not find any ground to interfere with the impugned order passed by the High Court. However, the question of law is left open. The Special Leave Petition is, accordingly, dismissed”, a bench of Justice MM Sundresh and Justice Satish Chandra Sharma stated.

In the Rohit Tiwari case, the concerned FIR was registered against a gaming club under Sections 79 and 80 of the Karnataka Police Act (provisions dealing with gaming offences and activities considered as gaming or betting).

The police claimed that non-members were present in the club, tokens of Rs. 3,000 were being exchanged, Rs. 9,000 in cash was seized, and mobile phone transactions indicated several thousand rupees. The High Court said that the complaint did not indicate that the club was indulged in unlawful activities, and was merely a narration of what the police saw during inspection.

The High Court relied on its earlier Division Bench decision in All India Gaming Federation v. State of Karnataka and Allahabad High Court decision in M/s. DM Gaming v. State of UP, which held that Poker and Rummy are games of skill.

In the present DM Gaming case, the High Court quashed the FIR adopting the reasoning in the Rohit Tiwari case.

Case No. – Special Leave Petition (Criminal) Diary No. 43003/2025

Case Title – State of Karnataka v. DM Gaming Pvt. Ltd & Ors.

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