Allowed

Uchagaon Phata Kala Krida and Sanskrutik Mandal v. State of Maharashtra and Anr.

Bombay HC26 Oct 2010WP/1384/2009

Case brief

AI extract

What is this about?

The Court allowed a writ petition restraining police authorities from interfering with the lawful activities of the petitioner-club. It clarified that action can still be taken if legal requirements are unfulfilled or if prohibited activities like gambling occur.

What did the court decide?

Police directed not to interfere with lawful activities of the petitioner-club, except if legal requirements are unfulfilled or prohibited activities are conducted.

Uchagaon Phata Kala Krida and Sanskrutik Mandal Vs State of Maharashtra and Anr. — Bombay HC (2010) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRI.W.P. NO. 1384 OF 2009

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Uchagaon Phata Kala Krida and Sanskrutik Mandal

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..Petitioner

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Vs.

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The State of Maharashtra and Anr. ..Respondents

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Mr. Ganesh Gole Advocate for petitioner Mr. S.A.Shaikh APP for State

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CORAM : SMT.V.K.TAHILRAMANI, J.

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DATE : OCTOBER 26, 2010

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P.C. :

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1 Heard the learned counsel for the petitioner and the learned APP for the State.

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2 Rule. Rule made returnable forthwith. The learned APP waives service of rule. By consent, matter is taken up for final hearing.

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3 The petitioner has prayed that they be allowed to conduct the club i.e. "Uchagaon Phata Kala, Krida and Sanskrutik Mandal ” situated at Uchagaon, Tal. Karveer, Dist. Kolhapur and respondent nos.2 and 3 be restrained from objecting or interfering with

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the legal activities of the club. It is the contention of the petitioner that the respondent police have threatened to close down the club. The learned APP states that the police authorities have not passed any order either written or oral for closing down the club till today nor given any threats to do the same. In view of the statement made by the learned APP this Writ Petition deserves to be allowed. 4 It is directed that the police authorities shall not interfere with the lawful activities of the petitioner-club. This order will not preclude the police authorities from taking any action against the club, if any legal requirement is not fulfilled by it. Similarly, the police authorities will not be precluded from taking action against the club against its employees or any of its members if any gambling or any other activity is done in the premises which is prohibited under the provisions of the Prevention of Gambling Act, Bombay Police Act or any other law, in such case, the police can take action according to law.

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5 Rule is made absolute in the above terms.

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[ SMT. V.K.TAHILRAMANI, J.]

Uchagaon Phata Kala Krida and Sanskrutik Mandal v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Uchagaon Phata Kala Krida and Sanskrutik Mandal v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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