Bombay High Court
Amol S/O Narayan Lad And 2 Others vs The State Of Maharashtra, Thr. ... on 24 August, 2022
Bench: Manish Pitale, Valmiki Sa Menezes
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 609 OF 20222
Amol s/o Narayan Lad and Ors.
Vs.
State of Maharashtra, Thru. PS Badnera, Tq. & Dist. Amravati and anr.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. J.B. Kasat, Advocate for applicants.
Mr. S.M. Ghodeswar, APP for respondent No.1.
CORAM : MANISH PITALE, &
VALMIKI SA MENEZES, JJ.
DATE : 24.08.2022.
By this application, the applicants who
are accused Nos.1, 13 and 14 have approached this
Court praying for quashing of the FIR No.258/2022
registered at Badnera Police Station, Amravati, for
offences under Section 4 and 5 of the Maharashtra
Prevention of Gambling Act, 1887, as also the
charge-sheet filed against them in pursuance of
registration of the said FIR.
2. It is the case of the applicants that in
terms of law laid down by this Court, even if the
contents of the FIR and the charge-sheet along with
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accompanying documents are taken as it is, no
offence under the said provision is made out against
the applicants. It is submitted that in the oral report
leading to registration of the FIR, as also the
material that came on record upon investigation and
filing of charge-sheet, the cash amount recovered is
not relatable to the alleged game that was being
played. Attention of this Court is invited by Mr.
Kasat, learned counsel appearing for applicants to
the spot/seizure panchnama, wherein it is recorded
that the cash amount was recovered from a drawer
on the ground floor where office of the applicant
No.1 is located.
3. It is submitted that the applicants are
members of a club called Shri Gajanan Maharaj
Krida Manoranjan Mandal, and there is not a shred
of material brought on record during investigation to
indicate that a game of chance was being played at
the time of the incident. It is submitted that, the
report does not even state as to what was the nature
of the game being played and that in these
circumstances, the case of the applicants is covered
under judgment of this Court in case of Jaywant
Balkrishna Sai Vs. State of Maharashtra, (2012) SCC
Online Bombay 832 and another judgment of the
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Division Bench of this Court dated 13.06.2017
passed in Criminal Writ Petition No.544/2016
(Gajendra s/o Shivprasad Kedia Vs. State of
Maharashtra and anr.).
4. Mr. Ghodeswar, learned APP invited
attention of this Court to the contents of the FIR,
charge-sheet and the documents filed therewith. It
was submitted that there were plastic coins of
different colours that were recovered during the raid
which lead to registration of the FIR. It is submitted
that the said coins were recovered along with pack
of cards, thereby indicating that the prima facie case
was made out for trial against the applicants under
the provisions of the said Act.
5. We have perused the oral report leading
to the registration of the FIR, as also the charge-
sheet and the accompanying documents. We have
also perused the spot/seizure panchanama executed
in the matter.
6. We find from these documents on record
that during the raid plastic coins of different colours
were recovered. The reference to recovery of cash is
not found from the spot were the applicants were
allegedly found indulging in gambling. The cash
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amount as per the panchnama itself is shown to be
recovered from the ground floor office of applicant
No.1.
7. There is no statement or material brought
to our notice as to what was the nature of game
allegedly played by the applicants. It is also not
stated that the game allegedly being played was a
pure game of chance and there was no skill involved.
In this connection, the learned counsel appearing for
the applicants is justified in referring to Section 13 of
the said Act, which specifically indicates that nothing
in the said Act shall apply to any game of skill
wherever played. Therefore, we are of the opinion
that in order to make out a prima facie case against
the applicants, the material on record ought to at
least indicate that according to the Investigating
Authority it was a game chance being played at the
time when the raid was conducted. Merely because
some plastic coins of different colours were
recovered, it cannot indicate a prima facie case that
the applicants had indulged in offences registered
against them under the said Act.
8. We find that a Division Bench of this
Court in the case of Jaywant Balkrishna Sail vs.
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State of Maharashtra (supra) found that even in a
case where the accused were playing Rummy, they
could not be hauled up under the provisions of the
said Act, because it was found to be a game of skill.
9. In the case of Gajandra Vs. State of
Maharashtra(supra), the facts appear to be closer to
the present case, as there was recovery of various
items, including false table counters etc. and yet this
Court found it fit to quash the FIR and charge-sheet
for the reason that there was not even an iota of
material to indicate as to the nature of the game
allegedly being played and as to whether it could be
prima case said to be a game of chance.
10. Applying the said position of law to the
admitted facts in the present case, we are convinced
that power under Section 482 of the Cr.P.C. can be he
exercised in favour of the applicants. Accordingly,
the application is allowed, only insofar as the
applicants are concerned in terms of prayer clauses
(A) and (A1), which reads as follows :-
"A. Quash the FIR in Crime No.0258/2022
registered by Police Station, Badnera, Amravati,
Tq. And Dist. Amravati for the offences under
Section 4 and 5 of the Maharashtra Gambling
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Prohibition Act, 1887, at Annexure E in the
interest of justice;
A1. Quash the final report/charge-sheet
No.111/2022 dated 22/04/2022 for the offences
under Section 4 and 5 of the Maharashtra
Gambling Prohibition Act, 1887 in Crime
No.0258/2022 by the Police Station Badnera,
Dist. Amravati in the interest of justice."
[VALMIKI SA MENEZES, J.] [MANISH PITALE, J.]
Signed By:PRITY S GABHANE
Reason:
Location:
Signing Date:26.08.2022 18:04
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