(1.) PETITIONER absent. It appears that previously Mr. A.Y.Sakhare was appearing for the PETITIONER, and because of his elevation as High Court Judge, court notice was sent to the PETITIONER to come personally and to make other arrangement. However, though he has been duly served, he has not bothered to come. Learned A.P.P. Mr. R.S. Deshpande also is absent.
(2.) THIS criminal writ Petition is filed being aggrieved by the Judgment and Order dated 19th October, 1991 passed by the third Additional Sessions Judge, Kolhapur in Criminal Revisions Nos. 247/91, 248/91 and 249/91, dismissing all the revisions by his common order, and confirming the order dated 3rd October, 1991 passed by the learned Chief Judicial Magistrate, Kolhapur in Miscellaneous Application No.385 of 1991 filed by the Petitioner. By the impugned order, the Third Additional Sessions Judge, Kolhapur directed the Investigating Officer that the telephones in question be kept in safe custody and he should see that no damage is caused to these telephone instrument.
(3.) THE A.P.P. filed his say and opposed the said application. He submitted that the telephone instrument was being used for the purpose of gambling i.e. for illegal purpose, and under these circumstances, the possibility of using the telephone by the applicant, again for committing similar offence, cannot be ruled out. It was therefore, prayed that the said revision application be rejected.