The Supreme Court upheld the Karnataka High Court order quashing the FIR against DM Gaming, ruling police cannot intervene in lawful poker games. The Court left the debate on whether poker is a game of skill or chance unresolved.
New Delhi: The Supreme Court of India recently dismissed a plea filed by the Karnataka government challenging the quashing of criminal proceedings against DM Gaming Pvt Ltd, which was accused of operating a gambling house disguised as a poker club.
A Bench comprising Justices MM Sundresh and Satish Chandra Sharma upheld the Karnataka High Court’s earlier order that had quashed the FIR against DM Gaming.
However, the Supreme Court clarified that the fundamental legal question regarding whether poker is a game of skill or chance remains undecided.
The Court stated,
“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 case originated from a complaint filed on June 5, 2024, alleging that Golden Ace Poker Room, operated by DM Gaming Pvt Ltd in Bengaluru, was conducting illegal gambling under the guise of offering poker games.
Following the complaint, the Central Crime Branch (CCB) registered a case under Sections 79, 80, and 103 of the Karnataka Police Act. During the raid on the premises, authorities seized Rs 5.46 lakh in cash, along with poker chips and cards.
Several individuals, including the company’s director Mukesh V Chawla, were arrested in connection with the case.
DM Gaming challenged the FIR in the Karnataka High Court, which ruled in favor of the company, stating that poker is a game of skill and that the police cannot interfere with lawful gaming activities.
Following this decision, the State of Karnataka approached the Supreme Court, contending that poker is a game of chance similar to Teen Patti and therefore constitutes gambling under Indian law.
The Karnataka government also raised additional concerns, claiming that DM Gaming was targeting young men and students through inducements, that the poker operations continued beyond permissible hours, and that the business model was structured to generate illegal profits by promoting excessive gambling. Despite these allegations, the Supreme Court did not examine or decide on these arguments.
Advocate Additional Advocate General Prateet Chadha and Advocate DL Chidananda represented the State of Karnataka before the Supreme Court.
For DM Gaming, Advocates Azra Rehman, Rohit Sharma, Vanya Gupta, and Zakir Rehman appeared and argued in favor of the respondents.
This ruling marks a critical development in the ongoing debate over whether poker should be legally classified as a game of skill or chance in India.
By upholding the High Court’s decision, the Supreme Court has provided temporary relief to DM Gaming, while leaving the broader legal question open for future judicial consideration.
Case Title:
State of Karnataka v DM Gaming Pvt Ltd & Ors
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