Bombay High Court
Abhindra S/O Vishwanathrao Kanse ... vs State Of Maharashtra, Thro. Pso Ps ... on 28 January, 2021
Bench: S.B. Shukre, Avinash G. Gharote
911.Cri.WP.241.2019.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.241/2019
1. Abhindra s/o Vishwanathrao Kanse,
Aged about 35 years, Occ.: Business,
R/o Shivaji Nagar, Ner Parsopant,
Tq. Ner Parsopant, Dist. Yavatmal.
2. Rajiv s/o Madhusudan Sahani,
Aged about 44 years, Occ.: Business,
R/o Subhash Nagar, Nizamabad,
(Andhra Pradesh)
3. Bhimchand @ Munna s/o Pralhad
Kashyap,
Aged about 40 years, Occ.: Business,
R/o. Rajur Fata, Post - Palsoni,
Tq. Wani, Dist. Yavatmal. ..... PETITIONERS
// VERSUS //
1. State of Maharashtra,
through Police Station Officer,
Police Station, Pandharkawda,
Dist. Yavatmal.
2. Vinod Zalke, ... (..Deleted)
3. The Superintendent of Police,
Yavatmal, Tq. & Dist. Yavatmal. .... RESPONDENTS
----- ---------- ------------------------------------------------------------
Shri P. R. Agrawal, Advocate for petitioner
Shri A. S. Fulzele, Addl. P. P. for the respondents.
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CORAM : SUNIL B. SHUKRE AND
AVINASH G. GHAROTE, JJ.
DATED : 28/01/2021
ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.)
911.Cri.WP.241.2019.odt
1] Heard. Rule. Rule made returnable forthwith.
2] Heard finally by consent of the learned counsel
appearing for the parties.
3] Neither the FIR nor the seizure memo, which we
have seen from the case diary shows that any money or any
tokens in lieu of money were put on the table and by putting
them at stake, the game of cards was played. There is no
dispute about this fact. In other words, what is undisputed is
that no money or any token in lieu of money has been actually
recovered from the spot where the game of cards was being
allegedly played. The recovery of money of course is there but
it has been recovered during the course of the personal search
of accused no.1 who is petitioner no.1. The amount of
Rs.4,500/- was found from his full-pant pocket. This money
cannot be said to be having any nexus whatsoever with the
game of cards alleged to be played at the place of the incident.
Such being the admitted facts of the case, we are of the
considered opinion that no offence much less any offence as
contemplated under Sections 4 and 5 of the Maharashtra
Prevention of Gambling Act is prima facie constituted in the
present case. These offences relate to opening, keeping or using
any place any house or enclosure as a common gaming house
911.Cri.WP.241.2019.odt
and putting such house or enclosure to the use of gaming or for
the purpose of gaming. Section 3 of the said Act defines gaming
as an act which includes wagering or betting except wagering or
betting upon a horse race or dog race when such wagering or
betting takes place in the manner and on the day as mentioned
in clauses (a) to (c) of Section 3. In the present case, as no
money or any token has been found, which could be used for
the purpose of wagering or betting for playing the card game,
no offence whatsoever as contemplated and punishable under
Section 4 and 5 of the Maharashtra Prevention of Gambling Act
would be prima facie made out and therefore, in our view this is
a fit case for quashing of the FIR registered against these
petitioners.
4] In the result, the petition is allowed. The Crime
No.167 of 2019 registered for offences punishable under Section
4 and 5 of the Maharashtra Prevention of Gambling Act, 1887 at
Police Station Pandharkawada, District Yavatmal is hereby
quashed and set aside to the extent of these petitioners only.
Rule is made absolute in these terms.
JUDGE JUDGE
sarkate
