STATE OF M P Vs. J P YADAV

JUDGEMENT

(1.) The state has filed this revision against the order passed by Chief Judicial Magistrate, Balaghat under section 258 of the Code of Criminal Procedure directing that the proceedings against the respondents under section 13 Public Gambling Act be stopped.

(2.) The respondents are the clerks and peons working in the District Civil Court of Balaghat. They were charge-sheeted under section 13 of the Public Gambling Act on the allegation that they were found gaming in the Court premises.

(3.) At the stage of charge, the learned CJM was persuaded to hold that the terrace of the Court building was not a public place, and therefore any gambling going on there would not constitute an offence under section 13 of the Public Gambling Act. The learned Magistrate therefore stopped the proceedings under section 258 CrPC and discharged the respondents.