BAL KRISHAN MEHTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing FIR No. 61 dated 23.6.1998 registered under section 13A.3.67 Gambling Act at Police Station Kotwali, Ludhiana and all subsequent proceedings.

(2.) THE prosecution case is that while SI Ramnath alongwith other police officials were present in Rakhi Chowk in connection with patrolling and search of bad persons, he received a secret information that Bal Krishan son of Harbans Lal, resident of House No. J. 3677, Gali No. 11, Mohalla New Shivaji Nagar, Ludhiana who is the partner of Vijay Gupta is doing business of gambling in public place and is asking the people who are coming and going to stake note of Re. 1/- and earn Rs. 80/-. If the lucky number comes he gives Rs. 80/- for Re. 1/- and if the number does not come then the staked amount will be forfeited. On this information DDR No. 21 was registered. After investigation, challan was presented before the illaqa magistrate.

(3.) THE Apex Court in State of Haryana and others v. Ch. Bhajan Lal, 1991(1) RCR(Crl.) 383 (SC) : AIR 1992 SC 604 has laid down guide-lines where High Court can exercise inherent powers under Section 482 Cr.P.C. to prevent the abuse of process of law. However, this should be done sparingly and in rarest of rare cases. The guidelines are as under :