1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3535 of 2008 [Namdeo s/o Survabhanji Jiddewar v. State of Maharashtra and another] -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Firdos Mirza, Advocate for Applicant. Shri T.A. Mirza, APP for State. CORAM : R.C. Chavan, J. DATE : 20th November, 2008 This is an application under Section 482 of the Code of Criminal Procedure Code for quashing of FIR No.3159 of 2008, whereby Police Station Pandharkawada has registered offence punishable under Section 12(a) of the Bombay Prevention of Gambling Act against the applicant, in whose field some persons were stated to be playing a game of cards known as “Mang Patta”, which in fact is gambling. An offence under Section 12(a) of the Act can be made out if any person found gaming or reasonably suspected to be gaming, in any public street, or thoroughfare, or in any place to which the public have or are permitted to have access. The reply filed on behalf of the State shows that the Police Department had raided a farm house of the brother of the applicant. The farm house cannot be a public place. It seems that an over-zealous Police Officer, without looking into the provisions of law, registered an offence. 2 In view of this, the application is allowed. The proceedings initiated by FIR No.3159 of 2008 against the applicant by Police Station Pandharkawada are hereby quashed. The application stands disposed of accordingly. JUDGE pdl