IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1821 of 2011 (O&M) Date of Decision : 13.12.2011. Raghu Nath ...... Petitioner Versus State of Haryana & others ...... Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Rakesh Kumar Sharma, Advocate, for the petitioner. Mr. Satyavir Yadav, DAG, Haryana & NAWAB SINGH J.(ORAL) Raghu Nath-petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of First Information Report No. 322 dated June 26th, 2002 under Section 13-A of the Public Gambling Act, 1867 registered in Police Station City Yamuna Nagar. 2. Learned counsel for the petitioner has urged that neither the petitioner was arrested in the aforesaid case nor did he ever appear before the trial Court. On June 2nd, 2010 Chief Judicial Magistrate, Yamuna Nagar at Jagadhri passed the following order:- “An application for tracing out case file bearing FIR No.322 of 2002 under Section 13-A/3/67 of Gamblig Act registered by Police City Yamuna Nagar, filed. Report of concerned Ahlamad has been called. As per his report, no such case bearing FIR No.322 of 2002 under Section 13-A-3- 67 of Gambling Act is pending in the Court nor such FIR has been received. Accordingly, no further action is called for. Papers be filed.” 3. On August 23rd, 2011, learned State counsel submitted that Police had filed report in this case before the Area Criminal Misc. No. M-1821 of 2011 (2) Magistrate. In support of the submission, reliance was placed on photo copy of the report (Annexure R-1). 4. This Court directed the Chief Judicial Magistrate, Yamuna Nagar at Jagadhri to file status report of the case. In response thereto, Chief Judicial Magistrate sent a report that the case was not pending in his Court. Again Sessions Judge, Yamuna Nagar, Jagadhri was directed to verify about the case and submit his report. 5. Learned Sessions Judge has submitted a report dated December 10th, 2011 that charge-sheet/challan was never filed by the prosecution before the Court. So far as the report dated August 16th, 2002 (Annexure R-1) is concerned, Ahalmad of the Court verified that neither the charge-sheet was received by him nor did he sign the report (Annexure R-1). Statement (Annexure P-4) of Ahalmad, who allegedly received the challan, was also recorded by the Sessions Judge. 6. To refute the above, no material evidence could be placed on record by the prosecution to say that petitioner was ever challaned or arrested or any challan was filed against him before the Court. 7. In view of this, FIR No. 322 dated June 26th, 2002 under Section 13-A of the Public Gambling Act, 1867 registered in Police Station City Yamuna Nagar and subsequent proceedings arising therefrom are hereby quashed. (NAWAB SINGH) JUDGE 13.12.2011. SN