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,

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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