Tripathi, J. - (1.) THESE revisions arise out of a common judgment of a Magistrate First Class, Pratapgarh, convicting the applicants, for an offence under the UP Gambling Act. Applicant Lalloo Mal has been convicted under Section 3 of the Act and sentenced to rigorous imprisonment for one month and to pay a fine of Rs. 250/ -, in default of payment of fine, to undergo simple imprisonment for two months. The other applicants have been held guilty under Section 4 of the Act and sentenced to pay a fine of Rs. 150/ - each and in default of such payment, to undergo simple imprisonment for five weeks. Their convictions as recorded by the learned Magistrate were affirmed on appeal by the learned Civil and Sessions Judge of Pratapgarh. They have now come up in revision.
(2.) HAVING heard the learned Counsel for the applicants and the State I am of opinion that these revisions must be allowed. Section 4(1)(f) of the Code of Criminal Procedure reads: "Cognizable offence" means an, offence for, and "cognizable case" means a case in which a police officer, within or without the Presidency -towns, may, in accordance with the second schedule or under any law for the time being in force, arrest without warrant." Schedule II of the Code provides that in offences against other laws which are punishable with imprisonment for one year and up wards but less than three years or with imprisonment for less than one year or with fine only, the police shall not arrest the offender without a warrant. Thus according to the Code of Criminal Procedure, offences under Sections 3 and 4 of the UP Public Gambling Act can never be held to be cognizable offences as they are punishable only either with fine or with an imprisonment which cannot exceed in any case beyond twelve months. It is no doubt true that under Section 5 of the UP Public Gambling Act the District Superintendent of Police or any police officer not below such rank specially empowered in this behalf by the State Government has got the power to take into custody an offender without a warrant. That, however, will not make the offence, cognizable so far as Code of Criminal Procedure is concerned.
(3.) AS the trials of offences under the Public Gambling Act are also to be conducted in accordance with, the procedure prescribed under the Code it is the definition given in the Code of the "cognizable offence'' which is relevant for deciding the mode of the trial.;