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TMI Blog2017 (6) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... ia read with Section 482 of the Criminal Procedure Code, the petitioner is seeking appropriate writ, order and direction for quashing the FIR which is registered by Police Station, Rajapeth vide Crime No. 377/2016. During the pendency of the petition, chargesheet came to be filed against the petitioner, therefore, petition is amended and prayer is made for quashing and setting aside the chargesheet dated 1462016. 4. Brief facts giving rise to the present petition are as under. (i) The petitioner is a well reputed person doing a business of Ice Factory and manufacturing of cold drinks and having deep roots in the society. (ii) Shivleela Sporting and Social Club, Saturna, Amravati (hereinafter referred to as 'the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, Rummy with false table counters, at about 5.30 p.m., police officials of the respondent Police Station entered the premises of club at Saturna without any authority of law and without making any enquiry and without verifying as to whether the members were engaged in card game of skill i.e. Rummy, police authorities i.e. respondents registered false crime under Section 4 and 5 of the Maharashtra Prevention of Gambling Act, 1887 (hereinafter referred to as 'the Act') against the petitioner and 27 other persons who were present in the club including other members and employees of club and proceeded to seize all the articles belonging to the club. All the members were physically searched and all the money which was in their pockets ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner and other members. Panchanama does not show that the petitioner and other members were playing any game of chance/gambling. Therefore, act of the respondents arresting the petitioner is illegal. At last, Shri Kasat, learned counsel has submitted that during the pendency of this petition, chargesheet is filed. Learned counsel has pointed out copy of chargesheet and submitted that no prima facie case is made out for the offences punishable under Sections 4 and 5 of the Act. 7. In support of his submissions, Shri Kasat, learned counsel pointed out judgment of Division Bench of this Court reported in 2012 SCC Online Bom 832. Shri Kasat, learned counsel submitted that facts in the present case and the facts in cited judgment ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n gaming house. 11. The Division Bench of this Court in the case of Jaywant Balkrishna Sail Vs. State of Maharashtra reported in 2012 SCC Online Bom 832 held that the prosecution has to prove that the accused were playing gambling i.e. the game of chance. In the cited judgment, accused were playing Rummy, they were arrested on the presumption that they were playing gambling. All they were playing Rummy in club. All they were reputed persons. The Division Bench in the cited judgment reproduced following judgments. (1) State of Andhra Pradesh v. K. Satyanarayan (2) Robert Elangoj v. Inspector of Police (3) Galib Hussain Khan v. State of Maharashtra (4) State of West Bengal v. Swapan Kumar Guha (5) Madhavrao Jiwajirao Scindia v. Sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection.] 5. [Whoever is found in any common gaminghouse gaming or present for the purpose of gaming, [ [shall on conviction be punished] with imprisonment which may extend to six months [and may also be punished with fine] ] : Provided that (a) for a first offence such imprisonment shall not be less than one month and fine shall not be less than two hundred rupees ; (b) for a second offence such imprisonment shall not be less than three months and fine shall not be less than two hundred rupees ; and (c) for a third or subsequent offence such imprisonment shall not be less than six months and fine shall not be less than two hundred rupees.] Any person found in any common gaminghouse during any gaming there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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