SATISH HARI KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, heard finally.

(2.) The petitioner has approached this Court invoking jurisdiction under Article 226 of the Constitution of India as also Section 482 of the Criminal Procedure Code for quashing of FIR and charge-sheet pertaining to an incident in respect of which, he has been arraigned as an accused alongwith other persons. As per the FIR, it is alleged that the petitioner alongwith other accused persons had committed offences under the provisions of the Maharashtra Prevention of Gambling Act, 1887 (here-in-after referred to as "the Act of 1887")on 8th December, 2017. The petitioner was arrested in connection with the said case but, later on, he was enlarged on bail. Pursuant to completion of investigation, charge-sheet was filed against the accused persons, including the petitioner for the offences under Sections 4 and 5 of the Act of 1887 as also certain provisions of the Maharashtra Prohibition Act, 1949 and the Cigarettes and Other Tobacco Products Act, 2003.

(3.) The petitioner has approached this Court claiming that there is no material brought on record in pursuance of the investigation, demonstrating that any of the ingredients of the aforesaid offences could be made out against him. As per the petitioner, the material on record in no manner connects him with the offences of gambling or gaming or being connected with a common gaming house as defined under the provisions of the Act of 1887. According to the petitioner, entire allegations levelled against him in the present case are concocted and that therefore, the FIR as well as the charge-sheet deserved to be quashed in his context.