JUDGMENT :

M.M.SATHAYE, J.

1. Rule. Rule made returnable forthwith. Learned APP waives service for Respondent No. 1 & Respondent No. 2. Taken up for final disposal with consent of parties.

2. This matter was initially heard along with Criminal Public Interest Litigation No. 15 of 2022, in which notices were issued on 7th February, 2023 and learned Counsel for the Petitioner in Criminal PIL was directed to supply spare copy in the Registry and condition was imposed that if such spare copy is not supplied within the stipulated time, the Criminal PIL will stand dismissed for non prosecution without further reference to the Court. Today when the matter is listed before us and argued, there is a office note dated 29th March, 2023 stating that as per order dated 7th February, 2023 the Advocate for the Petitioner has not supplied spare copy in said Criminal PIL and therefore, the conditional orders stands, which means that the said Criminal PIL has been dismissed without further reference to the Court, as on today. In such situation the present Criminal Writ Petition is pressed before us by learned Counsel for the Petitioner and it is argued finally

3. This is a Petition filed under Article 226 of the Constitution of India read with section 482 of the Criminal Procedure Code, for quashing and setting aside FIR No. 416 of 2022 registered with Koregaon Police Station District Satara for offence punishable under Sections 12(a) of the Maharashtra Prevention of Gambling Act, 1887 (“the said Act” for short)

4. Heard learned Counsel for the Petitioner and learned APP for the State. The FIR is filed by Police Inspector and as such Respondent No. 2/Complainant is also represented by learned APP. Learned Counsel for the Petitioner has taken us through various documents on record including the impugned FIR dated 15th November, 2022 as well as relevant provisions of the said Act. For the sake of convenience section 12 of the said Act is reproduced below :

“12. Power to arrest without warrant for gaming and setting birds and animals to fight in public streets

A Police officer may apprehend [and search] without warrant-

(a) any person found (gaming) (or reasonably suspected to be gaming) in any public street, (or thoroughfare, or in any place to which the public have or are permitted to have access) (or in any race-course);

(b) any person setting any birds or animals to fight in any public street, (or thoroughfare, or in any place to which the public have or are permitted to have access);

(c) any person there present aiding and abetting such public fighting or birds and animals.

Any such person shall, on conviction, [be punished both with fine which may extend to three hundred rupees and with imprisonment] which may extend to [three months] [and where such gaming consists of wagering or betting or of any such transaction as is referred to in the definition of gaming given in section 3, any such person so found gaming shall, on conviction, be [punishable] in the manner and to the extent referred to in section 4, and all moneys found with such person shall be forfeited.]

Seizure and destruction of instruments found

And such police officer may seize all birds and animals and (things reasonably suspected to be instruments of gaming) found in such public street, (thoroughfare, (place or race-course)] or on (or about) the person to those whom he shall so arrest, and the Magistrate may, on conviction of the offender, order such instruments to be forthwith destroyed, and such birds and animals to be sold and the proceeds forfeited. (When any thing has been found on or about any person and a court is satisfied that the Police officer had reasonable grounds for suspecting that such thing was an instrument of gaming, such circumstance shall, until the contrary is proved, be evidence that such thing was an instrument of gaming and that the person on or about whom the thing was found was present for the purpose of gaming.]

5. Learned Counsel for the Petitioner submitted th