UDAY DILIP SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Criminal Misc. Application 5701 of 2006 is preferred by the accused in Crime Registered No. II- 3039 of 2006, with D.C.B Police Station Surat for commission of offences punishable under Section 4 & 5 of the Bombay Prevention of Gambling Act 1887 (hereinafter referred to as the Act) which has been now registered as Criminal Case No. 32431 of 2006 in the Court of JMFC Surat for quashing the same under Section 482 of the Criminal Procedure Code 1973 (herein after referred to as the Code.)The Special Criminal Application No. 945 of 2006 is filed by the then Honorary Secretary of the Surat Tennis Club seeking writ of mandamus against the Police Authorities for restraining them from initiating any action against the Club or its members under the provisions of the Act as the club is only permitting the Card Game of Rummy which is not gambling as per the decision of the Apex Court and seeking quashment of the FIR being Crime Registered No II-3039 of 2006 at D.C.B. Police Station Surat The Misc. Criminal Application No. 8116 of 20065 in Special Criminal Application no. 945 of 2006 is filed by one of the member of the Surat Tennis Club for joining as party in the said matter. The Misc. Criminal Application 10238 of 2006 in Criminal Misc. Application 5701 of 2006 is filed for amendment of the petition and challenging the Charge-sheet dated 25.08.2006 filed by the Investigating Agency in Criminal Case no. 32431 of 2006. As all these matters arise out of common facts they were heard together and now being disposed of by this common order. The matters were heard for final disposal with consent of the Learned Counsels of the respective parties. Learned Counsels of the respective parties have waived the service of rule. The learned Counsels of all the parties were heard at length on their respective submissions as if the amendment application and joining party application were allowed.

(2.) Brief facts leading to filing of these petitions deserve to be set out as under. It is the case of the petitioners that the Surat Tennis Club was established in the year 1915 or thereabout. In the year 1984 it was registered as the Society and in the year 2001 it was registered as the Trust. The petitioner No.1 in Criminal Miscellaneous Application No. 5701 of 2006 had to lodge a complaint with the Club Authorities against one Shri Nikhil S.Kapadiya who happened to be the husband of the original complainant and Respondent No. 2 herein. The Managing Committee of the Club was constrained to suspend said Shri Nikhilbhai S. Kapadiya from 15.05.2006 to 5.06.2006 On 13.05.2006 a communication was sent to the original Complainant respondent no.2 herein informing her that her husband Shri Nikhil S. Kapadiya was barred from entering the Club premises from 15.05.2006 to 5.06.2006. The husband of the Complainant flouted the orders of the Club Authorities, and hence two communications dated 15.05.2006 and 22.05.2006 respectively were sent to the original complainant informing her that despite the prohibitory orders her husband kept going to the Club premises ignoring the instructions by the security personnel. The Respondent No.2 and her husband with the help of some of the members filed written Complaint on 22.05.2006 at 8.30pm with the Police Commissioner of Surat alleging that in the club gambling activities were going on. This complaint came to be registered as Crime Registered No. II-3039 of 2006 with DCB Police Station Surat for the offences punishable under Sections 4 & 5 of the Act.

(3.) The Investigating agency raided the Club premises after drawing the preliminary panchnama and in the presence of panch collected the materials including plastics coins, packs of playing cards, cash etc and arrested persons playing Card Game in the Card Room of the Club.