LAWS(BOM)-2012-6-39

JAYWANT BALKRISHNA SAIL Vs. STATE OF MAHARASHTRA

Decided On June 25, 2012
JAYWANT BALKRISHNA SAIL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule is made returnable forthwith. Respondents waive service. By consent of parties, Writ Petition is taken up for final hearing.

(2.) By this Petition which is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, Petitioners are seeking appropriate writ, order and direction for quashing the FIR which is registered vide C.R. No.SPL LAC 28/2011 dated 10/08/2011 against the Petitioners and others at the Andheri Police Station for the offence punishable under sections 4 and 5 of the Bombay Prevention of Gambling Act, 1887 (Hereinafter referred to as Gambling Act ) and they are also seeking appropriate writ, order and direction, directing G.B.C.B. C.I.D to register an FIR against Respondent Nos. 5 to 8 for falsely implicating the Petitioners in criminal case. They are also seeking further writ, order and direction to award compensation of Rs 1,00,000/- each to the Petitioners to be paid by Respondent No.1 after recovering the said amount from salaries of Respondent Nos. 5 to 8. They are also seeking direction, directing Respondent No.2 to take action against Respondent Nos. 5 to 8 for victimizing innocent citizens by holding a departmental inquiry against them.

(3.) Brief facts giving rise to the present Petition are stated hereinbelow:-