1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1526 of 2009 (Hiralal s/o Madanlal Kothari vs. State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. C.V.Thombre, Adv., for the applicant. Mrs. B.R.Khekale, APP,for respondent/State. ... CORAM: K.U.CHANDIWAL, J. DATE:8/9/2009 ... P.C.: 1. Heard learned Counsel for applicant and learned A.P.P. 2. The Counsel seeks to quash FIR No.3003/2009 registered at Gondi Police Station for the offense punishable under Section 12 of the Prevention of Gambling Act, 1887, and also Crime No.34/2009, for the offense under Sections 143, 147, 336, 353 of IPC and under Section 7 of Criminal Law Amendment Act, registered with the same Police Station. 2 3. The matter is finally heard. 4. Based on discreet information to the Deputy Superintendent of Police, a raid was arranged at open space near Wadigodri Petrol Pump at about 1630 hrs on 20th March, 2009, and few persons were found indulging in playing cards, commonly called as Zanna Manna. They were surrounded. The Police machinery was busy in drawing the details of the amount and panchnama. Offense vide Crime No.3003/2009 came to be registered. 5. When the Police officials were busy, few of the persons, who were at the gambling den, taking advantage of the situation, tried to sneak away. This was noticed by few of the Police staff. They started chasing those persons. It was a hot chase as movement of the suspects was on motor cycle followed by other vehicles from Police and, in the process, the suspects pelted soil balls ( DHEKUL) to prevent being caught 3 by the Police machinery. According to the prosecution, they obstructed the work which the Police officers were contemplating and, consequently, at 1655 hrs, offense vide FIR 34/2009, came to be registered by the Police by taking charge of the motor cycles which the suspects had left over while jumping Police restraint. 6. At this stage of the matter, it is difficult to conceive that a single incident has given different colour. The first incident is of infraction of Gambling Act while the second incident is infraction of Sections 143, 147, 336 and preventing Government officials from discharging their duty. Both the incidents, though have occurred successively, need not be clubbed together. At this stage, it cannot be said that no offense is made out or that the FIR is absurd. The logical conclusions about genuineness of the FIR can be drawn. No foreign meaning can be attached to it. 4 Consequently, the request to quash the FIR is unsustainable. Application is dismissed. (K.U.CHANDIWAL) JUDGE ... agp/1526-09crapl