Mahadev Narayan Bansode And Anr vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12165 Bom

          Digitally
          signed by
          ARUNA S
ARUNA S   TALWALKAR
TALWALKAR Date:
          2022.11.28
          15:04:23
                                                                      34.WP4293.2021.doc
          +0530




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                            CRIMINAL WRIT PETITION NO. 4293 OF 2021

                       Mr. Mahadev Narayan Bansode & anr.       ...Petitioner.
                            Versus
                       State of Maharashtra & anr.              ...Respondents.

                       Mr. Mikdad A. Zummerwala, a/w. Mr. Quintan D'Souza,
                       advocate for the Petitioner.

                       Mr. K.V. Saste, A.P.P for the Respondent - State.

                                            CORAM :    REVATI MOHITE DERE &
                                                       R.N. LADDHA, JJ.

                                            DATE    : 25th NOVEMBER, 2022

                       P.C. :

1. Heard the Learned Counsel for the Petitioners.

2. By this Petition, the Petitioners seek quashing of

the FIR registered vide C.R. No. 35 of 2021 with the

Baramati City Police Station, Pune for the alleged offences

punishable under section 4 and 5 of the Maharashtra

Prevention of the Gambling Act, 1887.

      Talwalkar                                                                      1/2
                                                               34.WP4293.2021.doc

3. The learned Counsel for the Petitioners submits

that taking the prosecution case, as it stands, no offence as

alleged is disclosed qua the Petitioners. He submits that it

is settled by several Judgments of the Apex Court as well

this Court, that Rummy is a game of skill, and not a game of

chance. In support of his submission, learned Counsel for

the Petitioners tendered a compilation of Judgments. The

said compilation is taken on record.

4. The copy of the said compilation is also handed

over to the learned APP. Learned APP seeks time. Stand

over to 24th January, 2023 at 2.30 p.m.

5. In the mean time, till the next date, the trial court,

before whom, the case is pending, shall defer the

proceeding qua the petitioners.

R.N. LADDHA, J. REVATI MOHITE DERE, J.

Talwalkar                                                                    2/2