Vipul M. Pancholi,J. - (1.)This petition is filed under Article 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for quashing and setting aside the FIR being C.R.No.11200049210693 of 2021 registered with Vapi GIDC Police Station, Valsad for the alleged offences punishable under Section 12A of the Gambling Act.
(2.)Heard learned advocate Mr.Dholakia for the applicant. Learned advocate for the applicant has referred to the averments and allegations made in the FIR and thereafter mainly contended that the applicant was not present when the two other co-accused were found with mobile phones. The applicant has been implicated on the basis of the statement of the co-accused. It is, therefore, urged that the impugned FIR is nothing but a gross abuse of the process of the Court and therefore the same be quashed and set aside.
(3.)Learned advocate Mr.Dholakia, thereafter, referred to the provisions contained in Section 12A of the Gambling Act and contended that the applicant has, in noway, aided or facilitated the other two co-accused and therefore the ingredients of the alleged offence punishable under Section 12A of the Gambling Act are not made out and therefore the FIR in question be quashed and set aside.
3.1 Learned advocate has further contended that the applicant was not found with muddammal mobile phone used for the alleged offence. None of the sim cards and mobile phones of the applicant are seized and the mobile phones and sim cards which are seized by the investigating agency are of the co-accused. It is, therefore, urged that the impugned FIR be quashed and set aside.