In a brief but pointed hearing, the Supreme Court on Monday upheld a Karnataka High Court order that had quashed a police case against Bengaluru-based DM Gaming Ltd, a recreation club where poker tables stay busy most evenings. The top court refused to reopen the FIR, even as it deliberately left one big question dangling-whether poker itself qualifies as a “game of skill” under Indian gaming laws.
Background
The dispute began when local police raided the club, alleging “illegal gaming.” Officers said they found outsiders inside, seized ₹9,000 in cash, and spotted tokens worth ₹3,000 being swapped. Digital transactions hinted at higher stakes. Based on these claims, an FIR was registered under Sections 79 and 80 of the Karnataka Police Act, which deal with gambling offences.
The club countered that poker, like rummy, demands strategy and skill more than luck. The Karnataka High Court agreed, relying on an earlier decision in Rohit Tiwari v. State of Karnataka, where poker and rummy were described as games of skill rather than pure chance. Similar views from the Allahabad High Court and another Karnataka Division Bench strengthened DM Gaming’s defence.
Court’s Observations
A two-judge bench of Justice M.M. Sundresh and Justice Satish Chandra Sharma kept the hearing crisp. “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 bench observed while dismissing the State’s plea.
The judges made it clear they were not giving poker a clean chit nationwide. By keeping the “game of skill” issue open, the bench signaled that future cases could still decide poker’s legal status differently, depending on facts and state laws. Lawyers present in the packed courtroom said this was a cautious move, avoiding a sweeping precedent.
Decision
With that, the Supreme Court dismissed the State of Karnataka’s Special Leave Petition (Criminal) Diary No. 43003/2025, effectively ending the FIR against DM Gaming. The ruling means the Bengaluru club can continue operations for now, but the larger debate—whether poker is legally a skill game across India—remains unresolved, waiting for another day and perhaps another bench.
Case: State of Karnataka v. DM Gaming Pvt. Ltd. & Others
Case No.: Special Leave Petition (Criminal) Diary No. 43003/2025
Decision Date: 29 September 2025
