HC stays proceedings against five senior citizens booked for gambling

According to the FIR registered on November 6, Bandra police conducted a raid around 3.30pm at a Turner Road apartment after receiving information from an unidentified source. Officers claimed they found five men, aged 63 to 81, playing cards for stakes

MUMBAI: The Bombay High Court on Monday stayed all further proceedings in an FIR filed against five senior citizens arrested earlier this month for allegedly gambling at a private residence in Bandra.

Senior friends, hands or playing card games on wooden table in fun activity, social bonding or gathering. Group of elderly men having fun with cards for poker game enjoying play time together at home (Shutterstock)

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad granted interim relief, while expressing scepticism over the police action and the very premise of the complaint. “They went to you only because they lost money,” the bench remarked, questioning whether the case was triggered merely because the complainants allegedly suffered losses.

According to the FIR registered on November 6, Bandra police conducted a raid around 3.30pm at a Turner Road apartment after receiving information from an unidentified source. Officers claimed they found five men, aged 63 to 81, playing cards for stakes. Mobile phones and currency in denominations ranging from ₹10 to ₹500 were seized, with police alleging that ₹32,720 had been placed in gaming circulation and ₹13,220 recovered at the spot.

Based on this, the police invoked sections 4 and 12A of the Bombay Prevention of Gambling Act and arrested the group, accusing them of “gambling for profit.” The five later moved the High Court seeking quashing of the FIR.

During Monday’s hearing, the public prosecutor submitted that two women had lodged the complaint, stating they had suffered monetary loss. When the bench asked how the women came to be present at the flat, the State responded that they had also been “playing there,” prompting the judges to inquire whether the location functioned as a gambling parlour and how the complainants became aware of the gathering.

The court also asked whether losing money alone could form the basis of criminal action. It advised the petitioners to consider compounding, observing that prolonged litigation “may not help” them in the long run.

Issuing notice to the state, the bench directed that no further investigation or prosecutorial steps be taken until the next hearing. The matter will be heard again on January 5, 2026, by which time the parties are expected to explore possible settlement or compounding.