DESAI DIGAMBARRAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The, Deputy Superintendent of Police, Bodhan, conducted a raid on Hotel Navrang at Bodhan on 12th November, 1977. He found some persons playing cards. He filed a charge-sheet against the eight accused, under sections 3 and 4 of the Andhra Pradesh Gaming Act, 1974 in C.C. No. 535 of 1977 in the Court of the Judicial First Class Magistrate, Bodhan. They appeared in the Court. They were examined under section 251, Criminal Procedure Code, accused 4 and 8 admitted the offence. Thereafter, the prosecution filed an application to examine accused 4 and accused 8 as witnesses under section 13 of the Andhra Pradesh Gaming Act, 1974. That petition was allowed by the Magistrate. Questioning his order, the accused have filed this petition.

(2.) It is submitted by the learned Counsel for the petitioners that section 13 of the Andhra Pradesh Gaming Act, 1974, has no application to the facts of this case, for accused 4 and accused 8 are accsed of the offence, that they had ad. mitted the guilt and they cannot be there Crl.R.C. No. 628 of 1977 and Crl.R. P. No. 619 of 1977. 3rd March, 1978. after taken as witnesses by the prosecution.

(3.) Section 13 of the Andhra Pradesh Gaming Act, 1974, reads as follows: