Mitali Palnitkar
Published on: March 21, 2022 at 18:15 IST
The Karnataka High Court Quashed the Proceedings initiated against the Founders and Directors of Sports Technologies Private Limited, Bhavit Sheth and Harsh Jain. The Company promotes the ‘Dream 11’ Gaming App.
Sheth and Jain approached the High Court seeking to Quash the First Information Report registered against them under the Karnataka Police (Amendment) Act, 2021. The Act bans Online Gaming and Gambling in the State of Karnataka.
Justice M Nagaprasanna said that a Division Bench of the Karnataka High Court, in its Order dated February 14, 2022 had struck down Sections 2, 3, 6, 8 and 9 of the said Act in its entirety. These Sections were considered as Ultra Vires the Indian Constitution.
He added, “In the light of striking down of the aforesaid Amendment, the Petition deserves to succeed.”
The First Information Report was registered by Annapoorneshwari Nagar Police Station under Sections 79 and 80 of the Act. A Manjunath had filed the Complaint on October 7, 2021.
The Plea stated that the Case registered by the Respondent Police suffered form want of Sanction of Law and thus, it deserves to be Quashed.
Advocate C V Nagesh representing the Petitioners argued that the Complaint did not make out any Offence against the Accused.
He further stated, “The Complainant has been chosen to make mere Bald, Omnibus and vague allegations to the effect that the Petitioners being Founder and Directors of the company which has developed the Dream 11 platform.”
The Plea stated that Fantasy Sports is not in the Nature of Gambling, Betting or Wagering as held by several High Courts, rather it is held as a game of skill.
The Complainant said that Amendments were made to the Karnataka Police Act, 1963 by the State Government in order to Prohibit the Online games of chance and skill, where money is risked.
He informed that several companies had blocked their mobile applications but ‘Dream 11’ has not done it yet. He added that Betting on online games continued by the promotion of the online gaming app ‘Dream 11’.
He further said that people are creating their fantasy cricket team and risking their money. They are losing huge amount of money as a result of playing the game and are giving a chance to the Accused to earn money Unlawfully.
Also Read: Karnataka HC prevents police from taking actions against Dream 11 founders