Disposed

Shree Samarth Mitra Mandal v. the State of Maharashtra and Ors.

Bombay HC16 Aug 2004WP/1057/2003

Case brief

AI extract

What is this about?

The High Court dismissed the State's challenge in this writ petition filed by a social organization regarding police actions against their indoor game activities. The Court directed the respondents to permit the petitioner to conduct carom, cards, and chess games peacefully.

What did the court decide?

Directed respondent to permit petitioner to conduct activities and games without hindrance or harassment.

Shree Samarth Mitra Mandal Vs the State… — Constitutional and Fundamental Rights | Bombay HC (2004)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
 CRIMINAL WRIT PETITION NO. 1057 OF 2003

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 Shree Samarth Mitra Mandal
 Through its Secretary ...Petitioner

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 V/s.

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 The State of Maharashtra & Ors. ...Respondents
 .....

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 Mr. T.D. Joshi, Adv. for the petitioner

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 Mr. B.H. Mehta, A.P.P. for the State.
 .....

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CORAM: H.L. GOKHALE AND
SMT. V.K. TAHILRAMANI, JJ.

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 DATE : 16TH AUGUST, 2004

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P.C..

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 1. Heard Mr. Joshi for the petitioner. Mr.
 Mehta appears for the State.

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 2. The petitioner is a social organisation

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 conducting indoor games in their premises. They
 apprehended high handed actions from the concerned
 police in Kolhapur and therefore, filed this

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 petition. It is submitted on behalf of the
 petitioner that it is only the game of Rummy or
 cards which is being played at that place and no
 gambling is being resorted hence no permission is
 required for this kind of activities. In support
 of this contention, reliance is placed on the order
 dated 25.11.2002 passed in Criminal Writ petition
 No.4014 of 2002. The petitioner prays that they

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 should be permitted to continue to engage in their
 activities peacefully and without any disturbances.

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 3. In the present case an affidavit dated
 21.7.2004 has been filed by an Inspector attached
 to the concerned police station, Kolhapur. In the
 said affidavit in para 5, it is stated that no
 illegal or unlawful activities were being run in
 the said premises and only playing of the games of
 carom, cards and chess were seen to be conducted
 over there. In these state of affairs, we accept
 the submissions made on behalf of the petitioner
 and direct the respondent to permit the petitioner
 to conduct their activities and games without any
 hindrance and without any harassment whatsoever.
 Needless to say that in the event the respondent
 notice any illegal action on the part of the
 petitioner, it will be open to the respondent to
 take action in accordance with the law.

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 4. With the above directions, this petition is
 disposed of.

Shree Samarth Mitra Mandal v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shree Samarth Mitra Mandal v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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