Sanjeevani Krida Va Sanskrutik Mandal Through Vinod Vishwanath Awale v. The State Of Maharashtra And ORS

Nisha Sandeep Chitnis Nisha Sandeep Chitnis Date: 2018.08.06 06:07:41 +0530 1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2518 OF 2017 Sanjeevani Krida Va Sanskrutik Mandal

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

Mr.A.P.Shinde, for the Petitioner.

Mrs.S.D.Shinde, A.P.P for the Respondent-State. CORAM : R. M. SAVANT & REVATI MOHITE DERE, JJ.

DATE : 2nd AUGUST, 2018 P.C. :

1.

The above Writ Petition has been filed by the Petitioner which is a Society registered under the Societies Registration Act, 1860. The Petitioner-Society is involved in social activities and has about 350 persons on its roll as members. The said members congregate in the premises which belongs to the Petitioner-Society and indulge in indoor activities like playing Rummy , Bridge, etc.

2/3 2.

The above Petition has been filed inter alia for the relief of directing the Respondents not to insist upon the Petitioner to produce/obtain the license for carrying out the activities of the Sanjeevani Krida Va Sanskrutik Mandal and not to interfere in the legal activities carried out by the Petitioner-Society, a further direction not to prevent the members of the Petitioner-Society from playing cards or an other indoor games which are not in contravention of the Maharashtra Police Act or the Maharashtra Prevention of Gambling Act.

3.

Insofar as the said reliefs are concerned, our attention is drawn to the order dated 29th June, 2016 passed in a group of Petitions being Criminal Writ Petition No.155 of 2014, in the matter of Vijeta Krida, Sanskrutik and Manoranjan Mandal v/s State of Maharashtra and Others and companion matters. In the said Petitions also identical reliefs as sought in the present Petition were sought. A Division Bench of this Court disposed of the said Petitions after making the following observations:- "4.

We observe that as long as the petitioners continue to carry on activities, which are in accordance with law, there is no need

3/3 for police to interfere. But, in case there is reasonable ground with the police, then in such circumstances the concerned Agency would resort to appropriate steps to verify as to whether such social clubs are functioning in accordance with law."

4.

In the facts and circumstances of the present case, we deem it appropriate to pass an order in the same terms as the order passed in the said Writ Petitions. Hence, the observations made in paragraph 4 as reproduced herein above, would equally apply to the case of the Petitioner. 5.

The Writ Petition is allowed to the aforesaid extent and is accordingly disposed of.

(REVATI MOHITE DERE, J.) (R. M. SAVANT, J.)