The court ruled that police cannot investigate non-cognizable offences without a Magistrate's permission, rendering the charge sheet void, and emphasized the urgent need for modern legislation to regulate online gambling.

Hon'ble Vinod Diwakar,J.

1. Heard Shri Rajiv Lochan Shukla, learned counsel for the applicants and Shri H.P. Singh, learned A.G.A-I, for the State and perused the entire material available on record.

2. The present application has been preferred with the prayer to quash the charge sheet dated 27.12.2022 arising out of FIR No. 69 of 2022, under section 3/4 Public Gambling Act, 1867, registered at P.S. Mantola, District Agra, as well as impugned summoning order dated 23.05.2023, passed by the Judicial Magistrate-I, Agra, whereby the applicants have been summoned.

3. The prosecution’s case stems from the facts outlined herein that on June 13, 2022, Sub-Inspector Vikas Kumar, along with Constable No. 4691 Shubham, departed from the police station at 8:25 PM after making an entry in the general diary kept at the police station. They were assigned to patrol the division outpost area to check for suspicious vehicles and individuals. As soon as they reached the Mahavir drain, they received specific information from a informer that Imran and Irfan, sons of Haroon, residents of 19/158, Teela Ajmeri Khan, Police Station Mantola, District Agra, have been running an online betting racket from their residence. Several other individuals are reportedly involved with them.

3.1. It was also informed that multiple cases have already been registered against them, but they have no fear of the law. These individuals earn lakhs and crores of rupees through online betting, leading local people in the Agra area to gamble away their earnings and suffer worsening household conditions.

3.2. Constable Shubham was sent with the informer to verify the information and to prepare a sketch of the location. A short while later, Constable Shubham reported that several individuals were indeed conducting online betting activities inside the house at 19/158, Teela Ajmeri Khan, Police Station Mantola, District Agra. He also submitted a hand-drawn sketch of the scene, and the informer left the location.

3.3 This information was reported to the Station House Officer. The Sub-Inspector- the complainant- obtained written permission for the search from the senior police officers. Afterwards, with Constable Shubham and other police personal, the investigating officer conducted a raid.

3.4. The police party explained the purpose of the search to nearby residents and requested them to act as witnesses. However, due to personal concerns or unwillingness to get involved, no one agreed to testify and left without revealing their names or addresses.

3.5. The police party reached the vicinity of house number 19/158, Teela Ajmeri Khan, Police Station Mantola, District Agra. At that moment, two individuals exited the house. One of them was holding a large mobile device. As soon as they saw the police officers, and in order to escape, began to run quickly in the opposite direction. The police chased them down the lane. During the chase, one of them dropped a large mobile device. Upon inspection, it was found to be a black Samsung tablet with a broken screen.

3.6 Both individuals escaped by taking advantage of the darkness. When the police asked nearby people about them, they revealed confidentially that the two who fled were indeed Imran and Irfan, sons of Haroon, residents of 19/158, Teela Ajmeri Khan, Polic