The court disposed of a writ petition filed by a social organization establishing there was no illegal activity in their premises while engaging in card and other games, permitting them to continue without disturbance.
Directed the respondents to permit the petitioner to conduct activities without hindrance or harassment.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1057 OF 2003
Shree Samarth Mitra Mandal
Through its Secretary ...Petitioner
V/s.
The State of Maharashtra & Ors. ...Respondents
.....
Mr. T.D. Joshi, Adv. for the petitioner
Mr. B.H. Mehta, A.P.P. for the State.
.....
CORAM: H.L. GOKHALE AND
SMT. V.K. TAHILRAMANI, JJ.
DATE : 16TH AUGUST, 2004
P.C..
1. Heard Mr. Joshi for the petitioner. Mr.
Mehta appears for the State.
2. The petitioner is a social organisation
conducting indoor games in their premises. They
apprehended high handed actions from the concerned
police in Kolhapur and therefore, filed this
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.
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.
4. With the above directions, this petition is
disposed of.
Shree Samarth Mitra Mandal
The State of Maharashtra
H.L. Gokhale
V.K. Tahilramani
As recorded by the court registry
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