28 cr wp 2799­10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2799 OF 2010 Kalash Kala, Krida and Sanskrutik Mandal .. Petitioner Vs The State of Maharashtra & Ors .. Respondents Ms. Rashmi Gangwani i/b Mr. Ganesh Gole for the Petitioner Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 29th OCTOBER, 2010. P.C.: 1. Heard learned advocate for the petitioner and learned APP for the State. 2. The case of the petitioner is that they are registered under the Bombay Public Trust Act and they are carrying on certain activities through their Mandal. Their specific case is that respondent police are forcibly preventing the petitioner and its members from running a social group / society under threats of prosecuting them under the provisions of Bombay Police Act 1951 and Bombay Prevention of Gambling Act and thereby intervening with the social activities of the petitioner and its members, hence, they have filed this petition seeking direction that the respondents shall not insist the petitioner to obtain any licence for carrying out the activities of the Mandal and 1 28 cr wp 2799­10.doc not to interfere in the legal activities of the said society. It is further prayed that the respondents be directed not to issue any oral or written directions to close the activities of the said Mandal. 3. Learned APP states that in fact, as no activities have commenced in the said Mandal, there is no question of any police officer restraining or obstructing any activity in the Mandal or threatening any of the members of the said Mandal to close the Mandal. The learned APP pointed out that the police have also recorded the statement of the petitioner on 15th October 2010 wherein the petitioner has clearly stated that till today, they have not carried out any activity in the club including any games, however, they intend to do in the future. 4. Looking to the fact that no activities at all have been conducted in the club, there was no question of seeking any such prayer from this Court. If at all, any activities are carried out in the club which requires licence and if licence is not obtained by the petitioner, it would be open to the respondents to take action against the petitioner in accordance with law. So also, if any illegal activity is carried out in the club, it would be open to the respondent to take action. 5. Petition disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 2 28 cr wp 2799­10.doc 3