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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SONIA GOKANI, J
BHARATBHAI RUPAJI DABHI - Appellant
Versus
STATE OF GUJARAT & others - Respondent
CRIMINAL MISC.APPLICATION NO. 13695 of 2015
With
CRIMINAL MISC.APPLICATION NO. 13698 of 2015
Decided On : 12-07-2021
Code of Criminal Procedure, 1973 - Section 482 - Bombay Prevention of Gambling Act - Sections 4, 5 and 5 (A) – Playing card game of rummy - Applicant has club has run as per rules and regulations and under the supervision of those, who are at helm of affairs. There are about 10 CCTV cameras installed in premise so as to avoid any untoward incident. The club also has made a provision for entertainment for its members and no illegal activity is being carried on.
Finding of the court: While entertaining petition under Section 482 of Cr.P.C. material furnished by defence cannot be looked into, which shall need to be entertained only at time of trial. If there is a prima facie material available, quashing of criminal proceedings cannot be entertained - Investigating Agency must have a freedom to inquire into the entire gamut of allegation and to reach to conclusion of its own. Preemption of such investigation would be justified only in very extreme case - Game of rummy involves substantial skills although there is an existence of luck, shall need to be first tested at the touchstone of material which may have been collected during the raid and in abstract this ration cannot apply to facts. The decision of Coordinate Bench as is sought to be pressed into service will not be necessary to be discussed in wake of clear ratio on part of Apex Court. It will be prematured to terminate the prosecution initiated due to action on raid on part of Shahpur Police Station and DCB Police Station.
Result: Applications are dismissed
JUDGMENT :
1. Both these applications are for quashment of the FIR under Section 482 of the Code of Criminal Procedure being I-C.R.No.3053 of 2015 registered on 19.04.2015 at Shahpur Police Station, Ahmedabad (Criminal Misc. Application No.13695 of 2015) and another complaint being II-C.R.No.3063 of 2015 at DCB Police Station dated 04.06.2015 (Criminal Misc. Application No.13698 of 2015). The applicants have been allegedly involved in the offence punishable under Sections 4, 5 and 5 (A) of the Bombay Prevention of Gambling Act. Both the matters since involve the same set of accused and question of law being identical, they are being decided by a common judgment.
2. In the Criminal Misc. Application No.13695 of 2015 prayers prayed for are as follow:
(A) Your Lordships may be pleased to admit and allow this application.
(B) Your Lordships may be pleased to quash and set aside the impugned complaint being II-C.R.No.3053 of 2015 dated 19.04.2015 registered at Shahpur Police Station, Ahmedabad and further proceedings.
(C) During the pendency and till final disposal of this application, Your Lordships may be pleased to stay the further proceeding and investigation of the impugned complaint being II-C.R.No.3053 of 2015 dated 19.04.2015 registered at Shahpur Police Station, Ahmedabad and restrain the authority from taking any action against the applicant in pursuance of the impugned complaint.
(D) Any other relief deemed just and proper may please be granted in the interest of justice.”
2.1 In the Criminal Misc. Application No.13698 of 2015 prayers prayed for are as follow:
“12…
(A)Your Lordships may be pleased to admit and allow this application.
(B)Your Lordships may be pleased to quash and set aside the impugned complaint being II-C.R.No.3063 of 2015 dated 04.06.2015 registered at DCB Police Station, Ahmedabad and further proceedings.
(C) During the pendency and till final disposal of this application, Your Lordships may be pleased to stay the further proceeding and investigation of the impugned complaint being II-C.R.No.3063 of 2015 dated 04.06.2015 registered at DCB Police Station, Ahmedabad and restrain the authority from taking any action against the applicant in pursuance of the impugned complaint.
(D) Any other relief deemed just and proper may please be granted in the interest of justice.”
3. It is the case of the applicant that Paresh Bharatbhai Dabhi, son of the applicant is the director of Keshar Gymkhana, Private Limited. It is the company registered under the Companies Act on 03.01.2011. One property was acquired by the company in Shahpur area on lease and the company started the club for its members known as Keshar Gymkhana. There are 3000 members attached to this club and 10 employees are engaged for the purpose of administration of the club.
3.1 It is the case of the applicant that the club has run as per the rules and regulations and under the supervision of the those, who are at the helm of the affairs. There are about 10 CCTV cameras installed in the premise so as to avoid any untoward incident. The club also has made a provision for entertainment for its members and no illegal activity is being carried on.
3.2 The officers of Shahpur Police Station also regularly takes surprise visit of club and after making necessary inquiry has issued the certificate in the form of officer’s endorsement in the book maintained by the club.
3.3 In the month of April, 2015, the Police Inspector of Shahpur Police Station visited the club premise on 15.04.2015 and 16.06.2015. After making the inquiry, it has also issued the certificate as is required under the Law. However, the Police Officers during this visit had not properly behaved with the members and the staff members of the club. They also gave threat to the staff members and had threatened them of the false case.
3.4 On 19.04.2015, a raid was carried out all of a sudden by the police officers of Shahpur Police Station and a complaint being II-C.R.No.3053 of 2015 has been filed against th
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