LAWS(BOM)-2011-7-47

KALLASH SHREEKISAN CHAURASIA Vs. STATE OF MAHARASHTRA

Decided On July 29, 2011
KAILASH SHREEKISAN CHAURASIA Appellant
V/S
STATE OF MAHARASHTRA, THROUGH CHIEF SECRETARY, HOME DEPARTMENT Respondents

JUDGEMENT

(1.) Heard Mr. P. S. Tiwari, learned Advocate for the petitioner and Mr. M. K. Pathan, learned APP for Respondent-State.

(2.) The petitioner has questioned the charge-sheet in C.C. No. 185/2010 pending on the file of Civil Judge (J.D.) & Judicial Magistrate First Class, Warud, whereby, the applicant was charge-sheeted on the ground that he has committed an offence punishable under Section 12(a) of the Bombay Prevention of Gambling Act, 1887 and read along with Section 131 of the Bombay Police Act, 1951. The petitioner has prayed to quash and set aside the charge-sheet.

(3.) The petitioner claims that he possess a licence issued by Additional District Magistrate, empowered under Rule 109 under the rule for licensing and Controlling Place of Public Amusement (Other than Cinemas) and Performance for public Amusement. The licence was granted conditionally in favour of the petitioner authorizing him to run business in the name as M/s. Dream World Video Game Parlor at Warud between 10.00 am to 10.00 p.m. at M.C. Complex, Ward No. 8, Warud, District Amravati.