IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 15 OF OCTOBER, 2025 WRIT PETITION No. 37935 of 2025 PURSHOTTAM BADONIA AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Prakash Upadhyay - Senior Advocate with Shri Siddharth Gontia - Advocate for petitioners.

Shri Alok Agnihotri - Government Advocate for respondents/State.

ORDER Seeking quashment of the FIR dated 08.09.2025 (Annexure P/5)

registered against the petitioners at Crime No.461 of 2025 for the offences punishable under Sections 3/4 of the Public Gambling Act, 1867 (hereinafter referred to as 'the Act of 1867'), the present petition has been filed.

2. It is the case of the petitioner that the petitioner No.1 is a cloth merchant and is running a business in the name Sanskar Collection / Sanskar Saree Center / Sanskar Readymade Cloth Centre at Khargon. He is also a social and legal activist who is constantly pursuing the cause and grievances of the common public against the police, as a result of which, the petitioner was harassed by the Police authorities since the year 2000-2002 by registering false criminal cases against him which compelled him to approach this Hon’ble Court by way of filing writ petitions one being W.P.

No.5984 of 2001 and this Court vide order dated 03.12.2001 directed the authorities not to take any coercive steps against the petitioner. On 07.09.2025, when the petitioner No.1, his well-wishers, son and other family members were present at his residential house at that time, the police authorities came there and seized an amount of Rs.2,50,000/- from his house and thereafter got an FIR registered on 08.09.2025 at about 3:30 in the morning for offence under Section 3/4 of the Public Gambling Act, 1867 against the petitioners alleging therein that the petitioners were playing game of chance and that a pack of 52 playing cards and a total amount of Rs.98,000/- were seized from the petitioners. The petitioners submitted various representations to the police authorities as well as to the Chief Minister pointing out the fact that they have been falsely implicated in the case. It is further argued that every act of plying cards does not amount to gambling. Section 12 of the Act of 1867 provides that "nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played". He has heavily relied upon the relevant provisions of Section 3/4 of the Public Gambling Act, 1867 and argued that in the facts and circumstances of the present case, the said offences are not made out against the petitioners, therefore, prayed for quashment of the FIR.

3. Learned Government Advocate appearing for the respondents/State has vehemently opposed the contentions and pointing out the fact that the FIR discloses commission of an offence. The matter is pending investigation with the authorities. There are specific allegations regarding playing cards with money as the pack of 52 cards and money has been recovered by the police authorities. The FIR has been registered against 20 persons. They all are not relatives. The FIR clearly discloses that four vehicles belonging to different places having different registration numbers were seized and brought to the police station. The persons were named in the FIR who were found playing cards with money, which amounts to gambling. As the matter is pending investigation, the FIR should not be quashed and the Court should not interfere in such matters. Placing reliance upon a judgment passed by the Hon'ble Supreme Court in the case of Niharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in 2021 SCC Online

315, he has prayed for dismissal of the writ petition.

4. Heard learned counsel for the parties and perused the record.

5. From the perusal of the record, it is seen that it is a named FIR against the petitioners. There is an allegation of playing cards with money, which is not permissible. The arg