ASHOK GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Babu Lal Ram holding brief of Sri Chandrajeet, learned counsel for the revisionist and Ms. Sushma Soni, learned Additional Government Advocate for the State-opposite party.

(2.) The present revision has been preferred against the order dated 30.01.2021 passed by the Chief Metropolitan Magistrate, Kanpur Nagar in Criminal Misc. Application No.516 of 2021 (State vs. Ashok Gupta and others) arising out of Case Crime No.346 of 2020, under Section 3/4 of Public Gambling Act, 1867, Police Station Fazalganj, District Kanpur Nagar, pending before the Chief Metropolitan Magistrate, Kanpur Nagar whereby he has dismissed the application filed by the revisionist under Section 451 of the Code of Criminal Procedure, 1973 the codewith regard to release of the amount in favour of the revisionist during the pendency of the case.

(3.) Records of the case indicate that the application dated 20.01.2021 was filed by the applicant-revisionist under Section 451 of the Code for release of the amount which had been seized by the police. The Chief Metropolitan Magistrate, Kanpur Nagar while considering the application has looked into the material on record and has held that the recovery memo prima facie indicates that the amount recovered from the possession of the applicant had been used for the purpose of gambling and since the investigation was pending it was not appropriate to issue any direction for release of the amount.