Mumbai, Nov 25: The Bombay High Court on Monday stayed further proceedings against a group of senior citizens who were booked for gambling after a raid on a residential premises in Bandra in November.
Bandra Police Had Booked Five Elderly Persons Under Gambling Act
The Bandra police had booked Harpal Chhabra, 81, and four others, all women – aged between 75 to 82 years – under sections 4 and 12(a) of the Maharashtra Prevention of Gambling Act, 1887.
Petition Filed Seeking Quashing of FIR
The proceedings were stayed while hearing a petition by them seeking quashing of the FIR against them.
Petitioners Allege FIR Lacks Application of Mind
Their counsel argued that the FIR and the proceeding lacked application of mind and followed a November 6 raid by the police on an alleged confidential tip of gambling activities. It was reported that certain men and women were engaged in gambling activities, playing three-card games, and exchanging money through coloured plastic tokens. The raiding team included a woman police official as well.
Senior Citizens Alleged Illegal Detention and Forced Signatures
Their petition said that the police team detained one man and five women from 4:30 pm till 8:30 pm with no access to water or medicine, and they were made to sign various documents. The police showed the man as arrested, the petition claimed.
Police Issued BNSS Notices; Petitioners Question Legality
The police issued a notice under Section 43(5) and 48 of the Bharatiya Nagarik Nyay Sanhita (BNSS). Section 48 outlines the obligations of the arresting officer to inform others about the arrest and the arrested person's rights, and Section 43(5) states that except in exceptional circumstances, a woman cannot be arrested after sunset and before sunrise.
Petitioners Say FIR Has No Independent Witness or Evidence
The petitioners said the FIR is without an independent complainant, no corroborative public witness, and no objective or documentary evidence whatsoever to substantiate the allegation that any act of gambling or wagering was being carried out.
HC Grants Stay, Next Hearing on January 5
A bench of Chief Justice Shre Chandrashekhar and Justice Gautam Ankhad stayed proceedings in the FIR based on “facts and circumstances of the case” and kept the matter to January 5, 2026.
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“Having regard to the facts and circumstances of the case, there shall be a stay to the further proceedings in First Information Report No. 1839 of 2025 dated 6th November 2025 registered with Bandra Police Station,” the bench said.
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