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2017 Supreme(Raj) 1740

PUSHPENDRA SINGH BHATI
RAHUL KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rakesh Matoria, Advocate
For the Respondent: Mr. M.S. Panwar, adv

ORDER :

Pushpendra Singh Bhati, J.

Petitioners have preferred this misc. petition under section 482 of Cr.P.C., 1973 for quashing of FIR as well as further proceedings in FIR No.277/2015 dated 05.07.2015 registered at Police Station Kotwali, Sriganganagar for offence under Section 13 of the Rajasthan Public Gambling Ordinance 1949.

2. At the outset, learned counsel for the petitioner has submitted that Schedule 2 of Cr.P.C. which is classification of offences against other laws in the Cr.P.C., reads as follows :-

"II Classification Of Offences Against Other Laws

    

Offence

Cognizable or non-cognizable"

Bailable or Non-bailable

by what Court triable

If punishable with death, imprisonment for life, or Imprisonment for more than 7 years

cognizable

Non-bailable

Court of session

If punishable with imprisonment for 3 years and upwards but not more than 7 years.

Ditto

Ditto

Magistrate of first class

if punishable with imprisonment for less than 3 years or with fine only.

Non-cognizable

Bailable

Any Magistrate

3. Le

























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