HIGH COURT OF BOMBAY
PRAKASH S/O MAROTRAO KOLHE – Appellant
Versus
STATE OF MAHARASHTRA, THR. SECRETARY, DEPARTMENT OF HOME, MUMBAI AND OTHERS – Respondent
APL 262/2016
1 APL261,
262 and 272.16-2.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO.261 OF 2016
WITH
CRIMINAL APPLICATION (APL) NO.262 OF 2016
WITH
CRIMINAL APPLICATION (APL) NO.272 OF 2016
CRIMINAL APPLICATION (APL) NO.261 OF 2016
Mr. Jaikumar S/o Shrikisan Sharma,
Aged about : 45 years,
occupation : private,
R/o Patelpura Ward,
Bhandara.
... APPLICANT
// V E R S U S //
1.State of Maharashtra,
Through its Secretary,
Department of Home,
Mantralaya, Mumbai-32.
2.Superintendent of Police,
Bhandara, District Bhandara.
3.Police Station Officer,
Police Station, Bhandara,
District Bhandara.
4.Local Crime Branch,
Through its Police Inspector,
Bhandara, Dist. Bhandara.
... NON-APPLICANTS
WITH
CRIMINAL APPLICATION (APL) NO.262 OF 2016
Mr. Prakash s/o Marotrao Kolhe,
Age : 64 years,
occupation : business,
R/o Hanuman Mandir Ward,
Bhandara.
... APPLICANT
2 APL261,
262 and 272.16-2.odt
// V E R S U S //
1.State of Maharashtra,
Through its Secretary,
Department of Home,
Mantralaya, Mumbai-32.
2.Superintendent of Police,
Bhandara, District Bhandara.
3.Police Station Officer,
Police Station, Bhandara,
District Bhandara.
4.Local Crime Branch,
Through its Police Inspector,
Bhandara, Dist. Bhandara.
... NON-APPLICANTS
WITH
CRIMINAL APPLICATION (APL) NO.272 OF 2016
Naresh s/o Ashok Nandanwar,
Aged about : 34 years,
occupation : private,
R/o Village Bela, Bhandara,
Dist. Bhandara.
... APPLICANT
// V E R S U S //
1.State of Maharashtra,
through its Secretary,
Department of Home,
Mantralaya, Mumbai-32.
2.Superintendent of Police,
Bhandara, District Bhandara.
3.Police Station Officer,
Police Station, Bhandara,
District Bhandara.
4.Local Crime Branch,
Through its Police Inspector,
Bhandara, Dist. Bhandara.
... NON-APPLICANTS
3 APL261,
262 and 272.16-2.odt
Shri Vikrant Vishwarupe and Shri S. R. Kadam, Advocates h/f Shri
Rajnish Vyas, Advocate for applicants.
Shri N.S. Rao, Additional Public Prosecutor for Non-applicant Nos.1 to
4.
-------------------------------------------------------------------------------------------
CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 12.03.2021
ORAL JUDGMENT (Per Amit B. Borkar, J)
1.
By these applications under Section 482 of the Code of
Criminal Procedure, the applicants have challenged registration of the
First Information Report nos.3055/2016, 3056/2016 and 3057/2016
registered on 9.3.2016 and 11.3.2016 respectively with the non-
applicant no.3 – Police Station for offences under Sections 4 and 5 of
the Maharashtra Prevention of Gambling Act, 1887 and under Section
7 of the Lotteries (Regulation) Act, 1998 (for short, “the Act of
1998”).
2.
Since the allegations and subject matter of all three
criminal applications are same, the applications are being disposed
by common judgment.
3.
The First Information Reports came to be registered
against each applicant with the accusations that the applicant in each
of the application was selling online lottery tickets by using two digits
instead of four digits, which was in contravention of Sections 4 and 7
4 APL261,
262 and 272.16-2.odt
of the Act of 1998.
4.
The applicants have, challenged registration of the First
Information Reports by way of this application. This Court issued
notice to the non-applicants. The non-applicant no.1 filed reply in
each application. It is stated in the reply that the applicant on the
pretext of selling of online lottery tickets instead of playing lottery of
four digits, only two digits were used in the shop of the applicants. It
is stated that conducting online lottery on the basis of two digits was
specifically prohibited under the Rules and whoever contravenes the
Rules is deemed to have committed an offence under Sections 4 and 5
of the Maharashtra Prevention of Gambling Act, 1887. By way of
additional reply, it is pointed out that the Charge-sheets are already
filed against the applicants. There is sufficient materia