Bombay HC stays proceedings against Mumbai cop booked for betting racket

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The Bombay High Court has stayed the ongoing trial of a Mumbai police officer booked under the Prevention of Gambling Act, 1887 for his alleged involvement in cricket betting in 2019 during the cricket world cup.

Cop Dnyaneshwar Kharmate, currently stationed at the Ghatkopar police station, had approached the court seeking the quashing of the FIR from 2019 and the subsequent trial against him. Then stationed at Byculla police station, the cop was immediately suspended. He was later reinstated into service and departmental proceedings were quashed by Maharashtra Administrative Tribunal in 2021.

Acting on a tip-off, the police found that three were accepting bets in a hotel in Dadar and using an app to place bets on the match between Australia and England during the 2019 world cup. PSI Dnyaneshwa  Kharmate was also present at the spot to the shock of raid party. Subsequently an FIR was registered against the bookies and Dnyaneshwar.

In a plea seeking quashing of the FIR, Kharmate argued that the raid, search, and subsequent arrests were conducted without a written general order or special warrant, making them unlawful. The plea claimed the raid was not in accordance with the requirements of Maharashtra Prevention of Gambling Act, 1887.

Upon hearing arguments from both sides, a division bench stayed the proceedings before the trail court till the next date of hearing on July 7.

Interestingly, in a similar case where the raid was conducted by an officer without due authorisation in a case of betting and gambling, the Punjab & Haryana High Court quashed the proceedings.

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