1 2677.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2677 OF 2010 Paplet Kala Krida Va Sanskrutik Mandal ....Petitioner Versus Inspector of Police & Ors. ....Respondents ....... Mr.P.D.Dalvi for Petitioner. Mr.D.P.Adsule, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 29, 2010. P.C. 1. Heard Counsel for the Petitioner and the learned A.P.P. 2. The grievance in this Petition is that the Petitioner is running a social Club where the members of the Club assemble and amongst others, play Rummy. According to the Petitioner, Rummy is a game of skill as held by the Apex Court. For that matter, it is open to the Petitioner and its members to play Rummy in the premises without being objected to or interrupted by any one including the police officials. It is stated that the police officials are prohibiting the Petitioner and its members to assemble in the premises and carry on their activities therein which is without authority of law. In this backdrop, it is prayed 2 2677.10 that direction be issued to the Respondents not to prohibit the members of the Petitioner Club to carry on their lawful activities in the Club and further to prevent the Petitioner from carrying on their legitimate activity. 3. The Respondents have filed reply to oppose this Petition. Reply affidavit of Dattatray Vishwanath Bhapkar, Assistant Police Inspector has been filed. Reliance is placed on Station Diary which has recorded that when raid was conducted in the premises, 17 members were present in the premises who were playing Rummy. Although no cash was found on the table but plastic tokens were recovered which was indicative of the fact that the members were playing Rummy for consideration. That would be illegal activity. It is in this backdrop, the local Police Officials have directed the Petitioner not to continue with the said activity any further. We fail to understand as to why the local police officials merely left the matter by giving instructions to the Petitioner on the above terms. If it is a criminal offence, it was expected of the local police official to immediately register case against the Petitioner and its members in particular against those persons who were found present in the premises at the relevant time. After registration of such offence, the local police officials were obliged to proceed against the concerned persons in accordance with law. 3 2677.10 4. We accordingly dispose of this Petition with a hope that the local police officials shall take appropriate action as may be warranted in law and proceed against the Petitioner and all concerned persons in accordance with law. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)