LAXMINARAYAN OJHA Vs. STATE OF MP

JUDGEMENT

(1.) Vide the impugned judgment of conviction and order of sentence passed in Criminal Case No. 1534/2013 dated 07/08/13 by the Judicial Magistrate, First Class, Guna, the petitioner herein/accused was convicted under Section 13 of the Gambling Act on his own admission of the guilt and sentenced to suffer 07 days simple imprisonment. Being aggrieved thereof, an appeal was preferred by the petitioner. The Appellate Court vide the impugned judgment dated 12/08/2013 passed in Criminal Appeal No. 242/2013 affirmed the judgment of conviction, however, reduced the sentence to the period already undergone. Being aggrieved therefore, this Criminal Revision under Sections 397 and 401 of Cr.P.C., is preferred by the petitioner herein/accused. Learned counsel appearing on behalf of the petitioner submits that the petitioner does not want to challenge the finding of conviction and the order of sentence recorded by the learned Trial Court and affirmed by learned Appellate Court. However, he prays that the petitioner herein is a Peon working in Government Hospital, Guna and, therefore, a direction may be issued to the effect that the conviction recorded in the present case should not affect his service and the future career. In this regard, he has placed reliance upon the cases of Rajbir Vs. State of Haryana, 1985 SCC(Cri) 445, Satyanarayan Vs. State of M.P., 2003 1 MPHT 39, Yusufkhan Vs. State of M.P., 2003 1 MPHT 42, Santosh Vs. State of M.P., 2010 3 MPHT 55 and order dated 31/03/2011 passed in Cr. Revision No. 159/2011 (Bholaram and another Vs. State of M.P.,).

(2.) Learned Public Prosecutor appearing on behalf of the respondent/State supported the impugned judgment.

(3.) The facts of the case have been detailed in the impugned judgment by the learned Courts below, therefore, this Court does not want to repeat the same overall again.