In a significant development for India’s gaming industry, the Supreme Court has upheld a Karnataka High Court order quashing an FIR filed against a Bengaluru-based recreation club operated by M/s. DM Gaming Ltd, where the card game Poker was played.
The FIR had alleged that the club was involved in illegal gaming activities under the Karnataka Police Act. However, the Karnataka High Court had previously set aside the FIR by relying on its judgment in Rohit Tiwari v. State of Karnataka, which categorically held that Poker and Rummy are games of skill rather than games of chance.
A two-judge bench comprising Justice M.M. Sundresh and Justice Satish Chandra Sharma dismissed the Special Leave Petition (SLP) filed by the State of Karnataka challenging the High Court’s order. While doing so, the bench noted:
“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.”
Background of the Case
The controversy dates back to an FIR registered against the recreation club under Sections 79 and 80 of the Karnataka Police Act, which deal with offences related to gaming and betting. The police alleged that non-members had entered the club premises, tokens worth ₹3,000 were in circulation, ₹9,000 in cash was seized, and mobile phone transactions suggested that several thousand rupees had been exchanged.
Despite these allegations, the High Court observed that the complaint was essentially a narration of the police’s observations during inspection, with no substantive material to suggest unlawful activities. It emphasized that playing games of skill such as Poker and Rummy does not amount to illegal gaming under the law.
Precedents Relied Upon
In quashing the FIR, the High Court relied not only on the Rohit Tiwari ruling but also on earlier judicial precedents. These included the Division Bench decision in All India Gaming Federation v. State of Karnataka and the Allahabad High Court’s ruling in M/s. DM Gaming v. State of Uttar Pradesh. Both cases reinforced the principle that Poker and Rummy are predominantly skill-based games and, therefore, cannot be classified as gambling.
Broader Legal Implications
Although the Supreme Court refused to interfere with the High Court’s quashing of the FIR, it pointedly left the larger legal issue—whether Poker and Rummy should universally be treated as games of skill—open for determination in a future case. This signals that while immediate relief has been granted to DM Gaming, the broader debate over the legality of online and offline skill-based gaming in India remains unsettled.
Case Details
Case Title: State Of Karnataka Versus D.M. Gaming Pvt. Ltd
Case No.: SLP 43003/2025
Date: 22-09-2025
Counsel For Petitioner: D. L. Chidananda
Counsel For Respondent: Azra Rehman
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