Allahabad High Court Upholds Cognizability of Offence Under Section 13 of Gambling Act

Court Dismisses Petition Challenging Proceedings in Gambling Case, Affirms Police Authority to Arrest Without Warrant

In a significant ruling, the Allahabad High Court has upheld the cognizability of offences under Section 13 of the Gambling Act, 1867, as amended in Uttar Pradesh, allowing police to arrest without a warrant and investigate without prior Magistrate permission. The judgment was delivered by Justice Vivek Kumar Singh in the case of Kamran v. State of U.P.

The petitioner, Kamran, sought to quash the proceedings of Case No. 1468 of 2020, emanating from Case Crime No. 1025 of 2019 under Section 13 of the Gambling Act, pending in the Special Chief Judicial Magistrate's court in Agra. The charges were based on an FIR filed on December 8, 2019, alleging that Kamran and co-accused were caught gambling in a park, with Rs. 750 recovered from them.

The counsel for the petitioner argued that the offence under the Gambling Act, being punishable with imprisonment of less than three years, should be classified as non-cognizable, requiring prior Magistrate approval for police investigation as per Section 155(2) of the Criminal Procedure Code, 1973 (Cr.P.C.). The petitioner cited previous court rulings treating offences under Sections 3/4 of the Gambling Act as non-cognizable.

However, the State's counsel countered that Section 13, unlike Sections 3/4, is explicitly defined as a cognizable offence in Uttar Pradesh, empowering police to arrest and investigate without a warrant. The court agreed with this interpretation, emphasizing the language of Section 13, which allows police officers to apprehend without a warrant.

The court clarified the distinction between cognizable and non-cognizable offences under Sections 2(c) and 2(l) of the Cr.P.C., respectively, reinforcing that Section 13 falls under the cognizable category. Consequently, the court held that the FIR, chargesheet, and subsequent legal proceedings against Kamran were valid and that the Magistrate acted within legal bounds by taking cognizance of the offence based on the police report.

The petition was dismissed, with the court directing the trial court to expedite the trial, ideally within three months, considering the punishment's nature.

Bottom Line:

Section 13 of the Gambling Act, 1867, as amended in Uttar Pradesh, is a cognizable offence, and police are authorized to arrest without warrant, register FIR, and investigate the matter without prior permission of the Magistrate under Section 155(2) of the Cr.P.C.

Statutory provision(s): Gambling Act, 1867, Section 13; Criminal Procedure Code, 1973, Sections 2(c), 2(l), 155(2).

Kamran v. State of U.P., (Allahabad) : Law Finder Doc Id # 2821443