VIJAY KUMAR PATHAK Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned A.G.A. for the State.

(2.) Aggrieved by the unjustified action of the police of P.S. Wazirganj, Lucknow, in invoking the provisions of Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, the Petitioner has filed the instant writ petition inter alia on the grounds that no offence is made out under the provisions of the aforesaid Act, but the police with oblique motive and to victimize the Petitioner has implicated him in the instant case although no such case is made out and at the most, the Petitioner can be said to be guilty of the offence under the Public Gambling Act, 1867.

(3.) It appears that on 31.12.2009, at about 3.30 p.m. the police received an information from the informer that some persons are gaming in the compound of a timber shop. On this tip off, the police raided at the place and found that the Petitioner, Guddu alias Akmal, Mohd. Waki, Mohd. Noor and Guddu, s/o Munna were gaming with the aid of cards. After due formalities and recovery of the currency, a case on Crime No. 597/2009 under Section 3/4 of the Public Gambling Act, 1867 was registered against the aforesaid persons. In this case, the Petitioner was granted ball on 2.1.2010 by the competent Court.