MEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is to quash FIR No.267 dtd. 21/9/2018, registered at Police Station City, Khanna, under Sec. 13-A of the Public Gambling Act, 1867 (hereinafter referred as 'the Act') (Sec. 120-B IPC added later on) along with all subsequent proceedings.

(2.) As per allegations, on 21/9/2018, ASI Dimple of Police Station, City Khanna along with other police officials was present near Ambika Medical Store, opposite bus stand, Khanna, for patrolling, when they received a secret information against the petitioners that they are involved in betting and earn commission and for that purpose they had kept agents, who collect money for them. It was further alleged that they had kept an Accounts Clerk Vijay to maintain the betting accounts. It was also informed that on that day, Gurdev Singh (co-accused) was coming to give them cash received as betting money and that if a raid is conducted immediately, all of them could be apprehended red handed. Ruqqa was sent to the police station. FIR was registered. All the petitioners were arrested. During search, Rs.3,500.00 and some slips were recovered from petitioner No.1. Rs.3,830.00 and slips were recovered from petitioner No.2. Rs.43,790.00 and slip of details of accounts were recovered from co-accused Vijay Kumar and Rs.9,180.00 were recovered from co-accused Gurdev. After completion of investigation, challan under Sec. 173 Cr.P.C. was filed in the Court.

(3.) It is submitted by the petitioners that they have been falsely implicated by respondent No.2, who along with her subordinates forcibly broke open the main door of their house without any search warrant at 1.50 a.m. on 21/9/2018 and forcibly took away Rs.1,00,000.00. Petitioner No.1 was made to write on a piece of paper and thereafter, they were detained in the police station. FIR is alleged to be nothing but abuse of process of law registered with ulterior motive, as illegal gratification demanded by the respondents, was not met.