OMPRAKASH DIGAMBAR WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed under Sec. 482 of the Code of Criminal Procedure for initially quashing the FIR vide Crime No.554 of 2023 dtd. 21/6/2023 registered with Hingoli City Police Station, Taluka and District Hingoli and later on for quashing the proceedings bearing S.C.C. No.1411 of 2023, pending before the second Judicial Magistrate First Class, Hingoli for the offences punishable under Ss. 4 and 5 of Maharashtra Prevention of Gambling Act.

(2.) Heard learned Advocate Mr. D. K. Manwatkar holding for learned Advocate Mr. S. S. Randive for the applicant and learned APP Mr. G. A. Kulkarni for respondent/State. In order to cut short it can be said that both of them have made submissions in support of their respective contentions.

(3.) Perusal of the FIR would show that the informant, who is the Police Sub Inspector, lodged FIR in his official capacity, received secret information on 21/6/2023 that gambling is going on in the house of present applicant wherein it is stated that there is trust office by name Dosti Mitra Mandal Charitable Trust. Information was given to District Superintendent of Police regarding the same and after getting warrant from Deputy Superintendent of Police, raid was conducted in presence of two panchas. When police went to the place, they found that on the first floor of two storied house of the applicant, in two rooms people were engaged in gaming activity on money. The gambling activity called 'Zanna Manna' was being played. The police party made inquiry regarding the trust documents, however, the original documents were not produced. Thereafter, search of the person present there was taken and it appears that in all 11 persons were found possessing money and the gaming articles were also found. Present applicant was present at the spot and amount of Rs.1100.00 was found from his person. Cash of Rs.52,850.00 was found from the place with nine mobiles and six motorcycles as well as the gaming material.