JUDGEMENT :- This is a Government appeal against the acquittal Lal Bahadur, Jagat Singh, Har Prasad, Lalta Prasad, Rajdeo, Bishambar Bahadur, Gaurang Abdul Gani, Abdul Hamid, Sant Ram, Ram Nath and Shyam Bihari were prosecuted under Ss. 3 and 4 of the U.P. Public Gambling Act. On 4-11-1964 a search warrant was obtained by the Station Officer. Police Station Alambagh under S. 5 from the Superintendent of Police (City), Lucknow and Lal Bahadur's house raided and the persons mentioned above arrested from the house while they were alleged to have been gambling. The Instruments of gaming are also said to have been seized. After investigation a charge-sheet was submitted on 1-5-1965 the case was received by transfer in the Court of Sri Hukum Singh, Magistrate I Class, Lucknow. On the same day copies were given to the accused and 7-5-1965 was fixed for their statements. On that day the S. O. was absent and the accused moved an application to the effect that the offence under Ss. 3 and 4 of the U.P. Gambling Act was non-cognizable and the report of the Police Officer be treated as a complaint.

According to the accused, the public prosecutor had no locus standi to appear in the case and they

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