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HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Kamran – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of charges and alleged violation of the gambling act. (Para 2 , 3) |
| 2. claim of non-cognizable offense based on cr.p.c. provisions. (Para 4) |
| 3. defense argues for the applicability of section 13 as cognizable. (Para 5) |
| 4. court analyses statutory provisions distinguishing cognizable and non-cognizable offenses. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 5. application denied; trial expedited. (Para 12 , 13 , 14) |
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Heard Shri Diwan Saifullah Khan, learned counsel for the applicant and Shri Mohd. Afzal, learned counsel for the State.
2. Present application under Section 528 BNSS has been preferred to quash the entire proceedings of Case No.1468 of 2020 (State vs. Imran and Others), arising out of Case Crime No.1025 of 2019, under Section 13 of the Public Gambling Act, 1867 (in short 'Gambling Act'), Police Station Sikandara, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra as well as chargesheet dated 21.12.2019 and Summoning order dated 24.02.2020 issued in the aforesaid proceedings.
3. The prosecution case in brief is to the effect that a First Information Report (in short 'FIR) was lodged on 08.12.2019 at 11:09
The court affirmed that offences under Section 13 of the Public Gambling Act are cognizable, allowing police to conduct investigations without a magistrate's prior permission, contrasting them with n....
The investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissible.
Games of skill cannot be prosecuted under laws applicable to games of chance due to lack of evidence establishing the nature of the game involved.
Point of law: illegal gambling - No compliance of Section 155(2) CR.PC required - requisition was given to the learned Magistrate and obtained the permission from the learned Magistrate, the FIR is r....
A game classified as skill-based does not constitute an offence under Section 80 of the Karnataka Police Act, thus allowing for the quashing of related FIRs.
The court established that licensed bookies must adhere to the terms of their licenses, and allegations of illegal betting and tax evasion can lead to criminal liability under the Karnataka Police Ac....
Games classified as skill-based do not fall under the jurisdiction of Sections 79 and 80 of the Karnataka Police Act concerning games of chance.
Illegality in investigation goes to root of matter.
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