Bengaluru: The Karnataka High Court quashes FIR against Karnataka Premier League (KPL) players saying that cricket match fixing does not amount to the offence of cheating and therefore the offence under Section 420 IPC cannot be invoked against the alleged offenders.
KPL players C.M Gautam, Abar Kazi, Bukki Amit Mavi and owner of Belgaum Panthers team Ashfaq filed a petition in High Court demanding canceling of FIR filed against them under IPC section 420 (fraud) and 120B (conspiracy) by CCB police for allegedly fixing the KPL matches in the year 2019.
A single judge bench of Justice Sreenivas Harish Kumar hearing the pettion and delivered the verdict on Friday. The bench said, "It is true that if a player indulges in match fixing, a general feeling will arise that he has cheated the lovers of the game. But, this general feeling does not give rise to an offence".
Also Read: Karnataka HC convicts two for filing repeated cases against Wipro, Azim
Petitioners' side senior advocates argued that, "match-fixing is not an offence, nor has it been defined to be an offence in any law. An offence under section 420 of IPC cannot be imputed against the petitioners for, the essential ingredients for the said offence to constitute are not forthcoming in the charge sheet. Even if it is assumed for argument sake that the petitioners did involve in match fixing, it will not constitute an offence and at best it is breach of the Code of Conduct prescribed to the players by the BCCI.
Action may be taken by the BCCI and in this case the Cricket Board has not taken any action against some of the petitioners who are players. In this view, the chargesheet for the offence under section 420 IPC is not sustainable and for the same reason the offence of conspiracy punishable under section 120B is also not sustainable."
The court also observed that "If section 2(7) of Karnataka Police Act is seen, its explanation very clearly says that game of chance does not include any athletic game or sport. Cricket is a sport and therefore even if betting takes place, it cannot be brought within the ambit of definition of 'gaming' found in Karnataka Police Act".
The court then held, "Match fixing may indicate dishonesty, indiscipline and mental corruption of a player and for this purpose the BCCI is the authority to initiate disciplinary action. If the by-laws of the BCCI provide for initiation of disciplinary action against a player, such an action is permitted but registration of an FIR on the ground that a crime punishable under section 420 IPC has been committed, is not permitted. Even if the entire charge sheet averments are taken to be true on their face value, they do not constitute an offence."
Also Read: When marriage totally dead divorce should not be withheld: Karnataka High Court
Finally the court said "To invoke this offence of conspiracy, the allegations found in the charge sheet must constitute an offence in connection with which conspiracy is alleged. The allegations found in the charge sheet do not constitute an offence under section 420 IPC and therefore offence under section 120B cannot be invoked in the facts and circumstances". Accordingly it allowed the petitions and quashed the proceedings pending against the accused before the Metropolitan Court.
CCB police have lodged an FIR against players, bookies and the owners of the Belgaum team for alleged match fixing during the Karnataka Premier League tournament held from 2019 August 15 to August 31.
