STATE OF U P Vs. GANGA RAM

JUDGEMENT

(1.) THIS is an appeal against an order of the Sub-Divisional Magistrate Kasgan. i. dated 20th of July 1968, purporting to discharge the respondent while trying him for an offence under Section 13 of the U. P. Public Gambling Act.

(2.) PROCEEDINGS for the prosecution of the respondents, for an offence under Section 13 of the U. P. Public Gambling Act, were initiated on the basis of a charge-sheet dated 17th of March, 1968. Allegation made against the respondents was that on 6th of January 1968 at about 11. 30 a. m. they were found gambling at a place near the public road leading to Chandanpura. When the respondents appeared before the Court, they were questioned about the offence said to have been committed by them. They denied the prosecution allegations. According to the papers produced by the prosecution, the place where the gambling was said to be going on was a part of a field in which Mattar crop was standing.

(3.) AFTER statements of the respondents were recorded. but before the prosecution could produce any evidence, the respondents raised a preliminary objection contending that the Mattar field where they were said to be gambling was not a public place within the meaning of U. P. Public Gambling Act and therefore the prosecution was misconceived. The plea raised by the respondents found favour with the learned Sub-Divisional Magistrate who relying upon the case of Munshi v. State reported in held that the place where according to the prosecution, the respondents were found gambling, was not a public place within the meaning of U. P. Public Gambling Act. In the result the Sub-Divisional Magistrate made an order discharging all the accused persons.