• Played online casino police filed FIR for money from me

I played online games and earned some money nearly 1.5cr and now police fied a false FIR
Dear sir/madam
My name is vardhan born in Andhra Pradesh Nellore
I am a student of 17year studying now btech 1st year cse group 
In lockdown I am addicted for online games and betting 
Through that I earned nearly 1.5cr with that money my father purchased property and we already paid tax also for that and now my village people told to police that I earned to online OTP froud and tacking money from bank accounts ,but the truth is that I earned this money through with my mind and playing games and one time I lost nearly 20lacks that money i deposited through a payment gateway after lost the money i mailed to the gateway that this betting site is froud my money and i given evidence to the gateway regarding this and after that gateway raised a disputes to the respective transactions and after 17days i got my money back called refund but it's my luck that I got this but unfortunately my village people informed police that this person is earning money through illegal way like that and so many false information
Now police came to my home without any warrant and searched my home and my relatives home even now after that they arrested me and my father and my another two family members and now police filed a FIR stating that earned money through illegal
And also they are saying this is a 420case and section 3 and 4 AP gaming Act 
And I am a miner 
The thing I want is what is the issue to the police if i earn money with game of chance and everyone know that so many people are playing online games and some people are getting profit some people are getting loss and some one going to suicide 
Now they blocked my father earned money also and my bank accounts 
Now please help me what I can do in this 
Now how to unblock my accounts
Is this police can file like this cases?
Now there is no any opposite person for my case
And no any company given complaint against me
Now now nearly 5months over still the police not did any further activities
Please mention how to resolve this case
Can police can come to home and search without any warrent?
And me and my three relatives in police station for five days but the police not mentioned this in FIR
Asked 1 year ago in Criminal Law
Religion: Hindu

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8 Answers

1) file petition in HC for quashing of FIR  as raid conducted on residential house which is not common gaming room 

 

2) 

It is to be noted that in order to fasten the criminal liability under Section 3 and 4 of the A.P. Gaming Act, the de-facto complainant has to establish that whoever is found gaming or present for the purpose of gaming in a common gaming house shall be punished. Section 3 of the A.P. Gaming Act runs as under:

Explanation:- For the purpose of clause(ii), any premise or place or cyber space belonging to or occupied by a club, society, company or other associations of persons, whether incorporated or not, which is used or kept for the purpose of gaming shall be deemed to be a common gaming house notwithstanding that there is no profit or gain for the club, society, company or other associations of persons on account thereof."

 

3) . Therefore, in order to fasten the liability under Section 3 of the A.P.Gaming Act, the prosecution is expected to prove that the place, where the raid was done is a common gaming house. Admittedly, the place, where the offence was committed is a residential house 

 

4) It is not the case of the prosecution that you had permitted other accused to use the premises by collecting money, interest rent or any other kind by using the said premises as gaming centre. Therefore, when there is no allegation and material that accused No.1 has permitted other accused to use the house on payment of money, it cannot be stated that the place of residence of accused No.1 is a common gaming house. On going through Section 3 of the A.P. Gaming Act, it is clear that whoever, opens, operates or uses any common gaming house can be punished for a period of two years. Therefore, in order to fasten the criminal liability, the prosecution is expected to prove that the accused has used common gaming house 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

police cannot search without warrant 

 

2) file writ petition in HC for quashing of FiR 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

An offence of keeping common gaming house under Section 3 is committed for which punishment is one year imprisonment and fine up to 5K. Under this Section punishment will be awarded to the owner of the house. An offence of gaming is committed by you for which punishment is imprisonment up to six months and fine up to 3K. But as your minor, you will be not be sent to jail, you will be kept in Children’s Home under JJA. But you parents may be sent to jail under Section 3. All money earned will be seized by Government. Your bank accounts will be opened.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

You can file a writ petition in this case against the said police officers for violation of your fundamental rights 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

you can file an anticipatory bail in either the Session Court or High Court under Section 438 of the Code of Criminal Procedure, 1973 before the arrest is made. After a person has been arrested, the accused can seek bail under Section 437 and Section 439 of CrPC.

If the complainant has made false claims and filed a fake FIR, they will be penalised with imprisonment of either kind for a period of up to two years, or a fine, or both. If such a criminal procedure is brought on the basis of a false charge of an offence punishable by death, life imprisonment, or imprisonment for seven years or more, the complainant will be liable for a more severe punishment.

You can also file a complaint with the police officer with whom the false FIR has been lodged or to his Senior police officer, who is empowered file a case against such police officer who has lodged the FIR before the Magistrate court.

If the police have come to your home without any warrant and searched your home, you can file a complaint against the police officer for illegal search and seizure.

It is important to note that the police cannot file a case against you without any evidence or without any opposite person or company giving a complaint against you.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As such, offences punishable under Section-3 & 4 shall be cognizable and bailable. Since, Section-12 also provides power to police officers to arrest without warrant, the same shall be cognizable and bailable.

You may escalate the matter to high court to direct the court for an expeditious trial so that you can come out by paying fine amount.

As you are a minor the police has to follow the procedures of JJ act. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

As per the sections 3 and 4 of the AP gaming act, the police officers can arrest without warrant, the same shall be cognizable and bailable.

you first obtain bail, if not obtained so far,  and then challenge the case if you feel that you have not done any crime as per the FIR. 

You can even approach high court with a quash petition to get the FIR quashed based on the documentary evidences in your possession. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

I am sorry to hear about your situation. It is important to consult with a criminal defense lawyer in your area who can provide you with legal advice based on the specific facts of your case.

 

Regarding your questions, the police may have the authority to search your home without a warrant in certain circumstances, such as if they have probable cause to believe that evidence of a crime is present and that waiting to obtain a warrant would result in the destruction or loss of that evidence. However, if the police did not have a valid legal basis for the search, you may be able to challenge the search in court.

 

As for the charges against you, it is important to note that gambling is generally illegal in India, except in a few states where it is strictly regulated. The AP Gaming Act makes it illegal to gamble or bet on games of chance without a license, and the penalties can be severe, including imprisonment and fines. However, if you can demonstrate that you earned the money through lawful means, such as by playing skill-based games, you may be able to challenge the charges against you.

 

Regarding unblocking your accounts, you may need to provide additional information or documentation to your bank to demonstrate that the funds in your account were lawfully earned. It may also be possible to challenge the police's decision to freeze your accounts in court.

 

Again, it is important to consult with a criminal defense lawyer as soon as possible to discuss your options and develop a strategy for your defense.

 

 

 

 

 

Anik Miu
Advocate, Bangalore
8882 Answers
110 Consultations

4.7 on 5.0

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