1 958 apl740.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO.740 OF 2026 Pramod s/o Zita Rathod Vs. The State of Maharashtra through PSO, Police Station Pusad City, District Yavatmal and another __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri T.S. Deshpande, Advocate for applicants. Ms Prachi Joshi, APP for non-applicant no.1/ State. CORAM : M.W. CHANDWANI, J. DATE : 07.07.2026. 1. This is an application for quashing of the First Information Report bearing Crime No.542/2025 dated 02.10.2025 registered with Police Station, Pusad City, District Yavatmal for the offences punishable under Section 4 and 5 of the Maharashtra Prevention of Gambling Act, 1887. 2. The First Information Report alleges that non- applicant No.2 received discreet information that some persons are playing the game of ‘three cards’ at a building situated at Dubewar Layout located near Durgamata Mandal at Pusad City. The Officers of non-applicant No.1 – Police Station visited the spot. They met the President of Durgamata Mandal, who informed that he had made arrangements in the private premises for gambling. Furthermore, when the Officers of non-applicant No.1 2026:BHC-NAG:8715 2 958 apl740.26.odt approached the building, the accused persons attempted to flee away. Thereafter, the police personnel entered in premises, wherein the applicant alongwith other co-accused was found playing cards and cash was also recovered. On the basis of this, the FIR in question was lodged. 3. It appears that the applicant alongwith other co- accused had moved an application for quashing the same FIR vide Criminal Application (APL) No.1758/2025 wherein, in para 12, the Division Bench of this Court has observed as under: “12. Thus, there is prima facie material on record to continue the prosecution as against the applicants. In that view of the matter, we are not inclined to entertain the present application at this stage. …. ” 4. Once, the application of the applicant has been rejected by this Court by holding that prima facie, there is material on record to continue the prosecution against the applicant, the another application for quashing the same FIR on the ground of filing of the charge-sheet cannot be entertained. This Court cannot go against the findings recorded by the Division Bench of this Court in the same matter against the same applicant. 5. Needless to mention that, liberty granted by the Court to seek appropriate remedy after filing of the charge- 3 958 apl740.26.odt sheet will not help the applicant in view of clear findings of prima facie case to continue the prosecution against the applicant recorded by the Division Bench of this Court after examining the material against the applicant. 6. Therefore, the application cannot be entertained and hence, it stands rejected. (M.W. Chandwani, J.) Wagh