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2017 Supreme(Bom) 2424

VASANTI A.NAIK, M.G.GIRATKAR
Fulsingh Naik Krida Mandir, Nagpur through its Authorized General Secretary Mr. Suryakant s/o. Babulal Choursia – Appellant
Versus
State of Maharashtra, Through its Principal Secretary, Department of Home, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.S. Jaiswal
For the Respondents: Mr. S.S. Doifode

JUDGMENT :

Vasanti A. Naik, J.

1. Rule. Rule made returnable forthwith. The Writ Petition is heard finally at the stage of admission with the consent of the learned Counsel for the parties.

2. By this Writ Petition, the petitioner seeks the quashing and setting aside of the First Information Reports bearing Nos. 4259/2016, 4264/2016 and 3023/2017 registered against the petitioner and it's members for the offences punishable under Sections 4 and 5 of the Maharashtra Prevention of Gambling Act.

3. It is stated on behalf of the petitioner that it is held by the Hon'ble Supreme Court that 'Rummy' is a game of skill and therefore, playing the game of 'Rummy' with cards would not be an offence under the Maharashtra Prevention of Gambling Act. It is stated that on a perusal of the F.I.R. registered against the petitioner and it's members, it could be seen that the only allegation made against the petitioner and it's members is that, in the premises of the petitioner, the members were involved in playing 'Rummy” with cards and certain money and counters (coins) were recovered from each of the individuals. It is stated that even if the allegations made in the F.I.R. are accepted at their face v





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