Akshay Anant Matkar And Anr vs. State Of Maharashtra And Anr

Held

The Court held that the averments in the FIR, when considered in light of the nature of the online game 'Wingame', do not make out an offence under Section 12(a) of the Maharashtra Prevention of Gambling Act, 1887. The Court perused the game's manual and examples, concluding that the game requires mathematical skill, observation, and the ability to solve problems within a time limit, thus classifying it as a game of skill or predominantly a game of skill. Relying on the Supreme Court's decision in Dr. K.R. Lakshmanan Vs. State of T.N., the Court reiterated that even if some chance is involved, a game predominantly of skill is considered a game of skill. Therefore, the Court found that prosecuting the petitioners based on the current FIR would be an abuse of the process of law, falling under the categories outlined in State of Haryana Vs. Bhajan Lal & Ors. Consequently, the FIR was quashed and set aside.

Facts

The Petitioners, Mr. Akshay Anant Matkar and Mr. Satish Ramchandra Botalji, approached the Bombay High Court seeking to quash FIR No. 416 of 2022 registered at Koregaon Police Station, District Satara. The FIR was filed for an alleged offence under Section 12(a) of the Maharashtra Prevention of Gambling Act, 1887. The FIR stemmed from a raid conducted on November 15, 2022, where Petitioner No. 2 was allegedly accepting money and indulging in gambling activity based on numbers appearing on a computer. The police seized computers and cash. The Petitioner argued that the online game being played, 'Wingame', was a game of skill, not chance, and therefore did not constitute gambling under the Act. The State opposed the petition, urging no interference.

Key Issues

1. Whether the averments in FIR No. 416 of 2022, even if taken at face value, constitute an offence punishable under Section 12(a) of the Maharashtra Prevention of Gambling Act, 1887? (Question of law) Petitioner's Arguments: The Petitioner contended that the online game, 'Wingame', is not a game of chance but a game of skill or predominantly a game of skill. They relied on the game's manual, which involves solving mathematical quizzes based on geometric figures and equations, requiring mathematical skill, observation, and the ability to solve within a time limit. They cited Dr. K.R. Lakshmanan Vs. State of T.N. and Anr, Shri. Varun Gumber Vs. Union Territory of Chandigarh and ors, and Gurdeep Singh Sachar Vs. Union of India and ors to support their claim that games of skill are not gambling. Revenue's Arguments: The State, through the learned APP, opposed the petition and argued that no interference was called for, relying on the averments in the FIR.