Shivneri Kala, Krida And Sanscrutic Mandal v. State Of Maharashtra And ORS

7-wp-701.2015 Hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.701 OF 2015 Shivneri Kala,Krida & Sanscrutic Mandal, Chandgad ..Petitioner.

V/s.

The State of Maharashtra and Ors.

..Respondents Mr. Anand S. Patil for the petitioner.

Mr. K.V. Saste, APP for the State.

CORAM : RANJIT MORE AND V.L.ACHLIYA, JJ.

DATED: 15th DECEMBER,2015 P.C. :- 1.

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

2.

It is the principal grievance of the Petitioner that the Respondent police authorities are objecting and interfering with their day today activities. It is the contention of the petitioner that the respondent police have threatened to close down the club. 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. 1/2

7-wp-701.2015 Statement is accepted.

3.

In view of the statement made by learned APP, it will suffice to observe that the police authorities shall not interfere with the lawful activities of the petitioner-club. However, it is clarified that this will not preclude the police authorities from taking any action against the club, if any legal requirement is not fulfilled by the Petitioner. Similarly, the police authorities will not be precluded from taking action against the club, 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.

4.

Writ petition is disposed of with aforesaid observations. (V.L.ACHLIYA,J.) (RANJIT MORE,J.) 2/2