PHULA SINGH Vs. STATE

JUDGEMENT

(1.) SEVEN persons were challaned in the Court of Magistrate Ist Class, Palwal, under Section 13 of the Public Gambling Act. The learned Magistrate as par judgment dated 24th December 1982 give the benefit of doubt to all the accused and acquitted them. He further observed that Pokhar Dass, one of the accused, had been falsely implicated for which A. S. I. Bhim Singh and S. I. Phula Singh were equally responsible. Notice was, accordingly, ordered to be issued to those police officers under Section 250 of the Code of Criminal Procedure to show cause as to why they should not be ordered to pay compensation to Pokhar Dass. A. S. I. Bhim Singh did not appear. S. I. Phula Singh stated in reply that the case under the Public Gambling Act had been registered against the accused as a result of detection by A. S. I. Bhim Singh who had arrester the accused and investigated the case, and that S. I. Phula Singh had merely submitted his report on the basis of that investigation as contemplated by Section 173 of the Code of Criminal Procedure. The Sub-Inspector added that he had no enmity with any of the accused and did not even know them before the alleged occurrence. Plea was also taken that the matter did not fall within the purview of Section 250 of the Code of Criminal Procedure.

(2.) THE above explanation did not find favour with the learned Magistrate who directed S. I. Phula Singh to pay compensation of Rs. 25 to Pokhar Dass under Section 250 of the Code of Criminal Procedure, In default of payment of compensation the Sub. Inspector was ordered to suffer simple imprisonment for ten days.

(3.) ON revision by S. I. Phula Singh the learned Additional Sessions Judge observed that the petitioner had simply submitted the challan on the basis of the detection of the case by A S. I. Bhim Singh, The records of the case were, accordingly, submitted to this Court with the prayer that the order of the Magistrate be quashed.