KULDEEP SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner has filed the instant petition under Section 561-A of the Code of Criminal Procedure seeking quashment of complaint filed by the police through SHO, Police Station, Bakshi Nagar, Jammu under section 13 of the Public Gambling Act (for short, the Act) against him pending before the court of learned CJM, Jammu.

(2.) In the petition it has been stated that petitioner has farmhouse/residential complex consisting of his Go-down, office and residence which is situated in Top Sherkhania consisting of more than 40 kanals of land with 8 feet high boundary wall. It is submitted that on October 24, 2005, while the petitioner was sitting with his friends and planning for his business tour to Srinagar for the next day, for which, he had also booked the air tickets, but the police party led by Sanjay Kotwal S.D.P.O Bakshi Nagar, Jammu trespassed into the premises of the petitioner without any justification or reasonable excuse along with SHO Sajjad Khan of the same police station. It is further submitted that they started threatening the petitioner and his friends and even slapped them. It is submitted that as the aforesaid, petitioner was planning to go to Srinagar for a business trip, he had withdrawn Rs. 1,50,000/- from J &K Bank on 24th day of occurrence and as his office is also situated in the same complex so he was having cash to the tune of Rs. 1,75,096/- in his office. That said money was looted by the police. It is submitted that in order to hide this illegal act the police filed a false and frivolous complaint against the petitioner and his friends under Section 13 of the Act. The grounds which clearly show that the police have abused the powers given to them to safeguard the citizens and the grounds on which the present petition under Section 561- A Cr.P.C for quashing the complaint filed by the police against the petitioner is challenged on following grounds :

(3.) I have heard learned counsel for the parties and gone through the law.