STATE OF M.P. Vs. CHAMPALAL

JUDGEMENT

(1.) THIS revision petition has been preferred by the State against an order passed by Judicial Magistrate 1st Class, Agar discharging the non -applicant from a charge under section 13 of the Madhya pradesh Public Gambling Act.

(2.) THE respondent was prosecuted and a charge -sheet was filed on 20th July 1978 under section 13 of the Gambling Act. On 11th September 1978 charge was framed against the non -applicant and the case was fixed for 20th September 1978 for recording evidence. The record of the Court below shows that on this date no witnesses were kept present by the prosecution nor the notices were, produced served. The learned Court therefore adjourned the case and fixed it for 9th November 1978. On this date it appears that the learned Magistrate was on leave, but the record does not show that any witnesses were present or they were served. Thereafter the care was listed on 18th November 1978 and on this date the Court again ordered t he prosecution to keep the witnesses present on t he next date i.e. 4th January 1979. On this date no witness of the prosecution wall present. There is nothing on record to suggest that summons were issued and were not served. Apart from it there is no application made by the prosecution agency requesting further opportunity for explaining as to why the witnesses could not be produced.

(3.) THE revision petition is therefore dismissed summarily without notice to the other side.