IN THE COURT OF THE IX ADDL CHIEF METROPOLITAN MAGISTRATE :
AT HYDERABAD.
PRESENT : B. RAJASEKHAR, IX Addl. Chief Metropolitan Magistrate, Hyderabad.
Dated this the 19th day of May, 2015
C.C.No. 1612/2004
Between: The State through The SubInspector of police,
Narayanaguda.P.S. ... Complainant
A N D
A.1 K.Bupender, S/o.K.Badrappa, Aged 40 years, Occ: Business, R/o. H.No.51962, Gowliguda, Hyderabad.
A.2 Bhakthiyar, S/o. Abdul Jabbar, Aged 50 years, Occ: Business, R/o. MIG H Block 4, Flat No.4, Baghlingampally, Hyderabad.
A.3 Abdul Vilayath Khan, S/o. Abdul Rasheed Khan. Aged 34 years, Occ: Business, R/o. H.No.9484/136, Salarjung Colony, Mehdipatnam, Hyderabad.
A.4 Nanak, S.o. Krishnachand, Aged 52 years, R/o. Himayathnagar.
A.5 Qader, S/o. Abdul Majeed, Aged 40 years, Occ: Auto driver, R/o.Barkas, Chandrayangutta, Hyderabad.
A.6 Harushvardhan, S.o. B.S.D.Naidu, Aged 26 years, Occ: Student, R/o. Dilsuknagar, Hyderabad.
A.7 V.B.Rao, S/o.Subha Rao, Aged 20 years, Occ: Business, R/o. Bolakpur, Hyderabad.
A.8 Mohd.Kaif, S/o. Md.Zaheer, Aged 30 years, Occ: Business, R/o.Agapura, Hyderabad.
C.C. 1612 of 2004 Page 1 of 17
A.9 N.S.Reddy, S/o. Narsimha Reddy, Aged 46 years, Occ: Hotel worker, R/o.Santoshnagar, Hyderabad.
A.10 Shankar, S/o. Kumaraiah, Aged 45 years, Occ: Driver, R/o.Warasiguda, Hyderabad.
A.11 Rukuma Reddy, S/o. Kishta Reddy, Aged 62 years, Occ: P&T, R/o. Ramanthapur, Hyderabad.
A.12 Moinuddin, S/o. Namaluddin, Aged 50 years, Occ: Driver, R/o. Manghalhat, Hyderabad.
A.13 Shankar, S/o. Channappa, Aged 41 years, Occ: Driver, R/o.Sultanshahi, Hyderabad.
A.14 Prabhakar, S/o. Chinna @ Chinaiah, Aged 35 years, Occ: Business, R/o.Ramnagar, Hyderabad.
A.15 Aslam, S/o. Qadar, Aged 33 years, Occ: Business, R/o. Malakpet, Hyderabad.
A.16 Md.Hameed, S/o. Jeelani, Aged 38 years, Occ: Business, R/o.Yakatura, Hyderabad.
A.17 Kumar, S/o. K.B.Prasad, Aged 38 years, Occ:LIC Agent, R/o.Charminar, Hjyderabad.
A.18 Prakash, S/o. D.Jangaiah, Aged 32 years, Occ: Driver, R/o.Chaderghat, Hyderabad.
A.19 Anjaiah, S/o.Mallaiah, Aged 49 years, Occ: Defence, R/o. Balapur, Hyderabad.
A.20 Shaik Aslam, S/o. Shaik Babumiya, Aged 38 years, Occ: Business, R/o. Shafilguda, Hyderabad.
A.21 S.Harisheed, S.o. Ameer, Aged 35 years, Occ: Govt.service, R/o.Tadban, Hyderabad.
A.22 Ashok Reddy, S/o. Kista Reddy, Aged 65 years, Occ: LIC Agent, R/o.471105, Essamiya Bazar, Hyderabad.
C.C. 1612 of 2004 Page 2 of 17
A.23 Javeed Ali, S/ol Md.Baba, Aged 24 years, Occ: STD booth, R/o.Chandrayangutta, Hyderabad.
A.24 Ashok, S.o. Jangaiah, Aged 41 years, Occ: Business, R/o.Rajendernagar, Hyderabad.
A.25 Narsing Rao, S/o. Balaiah, Aged 50 years, Occ: IDL Employee, R/o.Shivam Road, Hyderabad.
A.26 Pedda Srinivas, S/o. P.Narayana, Aged 38 years, Occ: Medical shop, R/o.Karimnagar, Hyderabad.
A.27 Venkatesh, S/o. Kannakaiah, Aged 48 years, Occ: Computer, R/o.cuppguga.
A.28 M.Srinivas, S/o. M.Pentaiah, Aged 29 years, Occ: Business, R/o. H.No.71415, Kukatpally, Hyderabad.
A.29 K.Raj Rao, S/o. K.Appa Rao, Aged 53 years, Occ: Business, R/o. H.No.72, IRT, Hyderabad.
A.30 Daya Raju, S/o. P.Rama Swamy, Aged 46 years, Occ: Business, R/o.H.No.510506/1, Gunfoundry, Hyderabad.
A.31 S.K.Fareed, S/o.S.K.Ibrahim, Aged 27 years, R/o. 112107, Chilakalguda, Secunderabad.
A.32 A.Kumar, S/o.A.Krishnaiah, Aged 40 years, R/o. H.No.8325, L.B Nagar, Hyderabad.
A.33 A.Shrihari, S/o. A.Mallaiah, Aged 35 years, R/o.H.No.146366, Chandibazar, Hyderabad.
A.34 A.S.Narayana, S/o. A.Satish, Aged 53 years, Occ: Business, R/o. H.No.511151, Basheerbagh, Hyderabad.
A.35 Afsar, S/o. Habeeb Hussain, Aged 40 years, Occ: Electrician, R/o. Malakpet, Hyderabad.
C.C. 1612 of 2004 Page 3 of 17
A.36 B.Shiva Kumar, S/o. Laxmaiah, Aged 34 years, Occ: Tailor, R/o. 1611149, Moosarambagh, Hyderabad.
A.37 Venkata Ramana, S/o. Narsimha, Aged 27 years, Occ: Business, R/o.Ibrahimpatnam, RR District.
A.38 Ram Mohan, S/o. Lingaiah, Aged 50 years, Occ: Business, R/o.Madhaavaram, Hyderabad.
A.39 A.Shanker, S/o. Nagaiah, Aged 55 years, Occ: Mattel supplier, R/o. 64421/3, Bolakpur, Musheerabad, Hyderabad.
A.40 A.Laxminarayana Rao, S/o. Anjaiah, Aged 28 years, R/o. Plot No.67, Meerpet, RR District.
A.41 Ch.Narendra, S/o. Bikshamaiah, Aged 32 years, Occ: Business, R/o. H.No.21586, Shankarmet, Hyderabad.
A.42 S.Chitharjan, S/o. Sudershan, Aged 33 years, Occ: Business, R/o.11144, Secunderabad.
A.43 Syed Nazamullaiah Hussain, S/o. Badruddin Hussain, Aged 48 years, Occ: Business, R/o. H.No.103274/A, Himayathnagar, Hyderabad.
A.44 V.Shudarshan Reddy, S/o. V.D.Narsimha Reddy, Aged 40 years, Occ: Pvt.Employee, R/o.18149, Chikkadapally Hyderabad.
A.45 S.Pradeep Kumar, S/o. Narayana, Aged 38 years, Occ: Pvt.job, R/o.H.No.143927, Goshamahal, Hyderabad.
A.46 G.Ravinder, S/o. Narayana Rao, Aged 41 years, Occ: Job, R/o. 121587, Seetapalmandi, Secunderabad.
A.47 K.Narayana, S/o. Somaiah, Aged 60 years, Occ: Retd.Employee, R/o. H.No.9134, Bapunagar, Langerhouse, Hyderabad.
C.C. 1612 of 2004 Page 4 of 17
A.48 Mohd.Moinuddin, S/o. Md.Munimiya, Aged 35 years, Occ: Retd.Employee, R/o. H.No.9134, Bapunagar, Langarhouse, Hyderabad.
A.49 K.Shankar, S/o.Babaiah, Aged 50 years, Occ: Computer, R/o.172825, Saidabad, Hyderabad.
A.50 Shankar, S.o. Anand, Aged 30 years, Occ: Auto driver, R/o.R.K.Puram.
A.51 Nazer Khan, S/o.Khadeer Khan, Aged 39 years, Occ: Motor points, R/o.Mogalpura, Hyderabad.
A.52 P.V.Krishna, S/o. V.Ramulu, Aged 41 years,Occ: Auto driver, R/o. Vinayapnagar, Neeredmet, RR District.
A.53 Narsingh Rao, S/o. A.Swamy, Aged 26 years, Occ: Mechanic, R/o.Gujarthgalli, Koti, Hyderabad.
A.54 Rukmudin, S/o. Md.Shareef, Aged 35 years, Occ: Driver, R/o. 192321, Krishnaubagh, Hyderabad.
A.55 Mohd.Afzal, S/o. Buranuddin, Aged 38 years, Occ: Driver, R/o. 186563, Vattipally, Chandrayangutta, Hyderabad.
A.56 Venkatish, S/o. Nagaiah, Aged 40 years, Occ: Auto driver, R/o. H.No.187738, Gowlipura, Chitrinaka, Hyderabad.
A.57 D.Mallesh, S/o. Jangaiah, Aged 48 years, Occ: Driver, R/o.H.No.23504/5, Amberpet, Hyderabad.
A.58 Babu, S/o. Mallish, Aged 37 years, Occ: Business, R/o. 201577, Kathalguda, Hyderabad.
A.59 D.Mahashwar, S/o. B.Narsaiah, Aged 32 years, Occ: Lathe Mechanic, R/o.12186, Domalguda, Hyderabad.
C.C. 1612 of 2004 Page 5 of 17
A.60 Sk. Shakal, S/o. Sk.Chand, Aged 30 years, R/o. 121398, North Lalaguda, Secunderabad.
A.61 Mohd.Ahmed, S/o. Md.Ghouse, Aged 27 years, Occ: Scooter Mechanic, R/o.Santoshnagar, Hyderabad.
A.62 Mohd.Afzal, S/o.Md.Murathj, Aged 32 years, Occ: Auto driver, R/o. 35190/4, Narayanguda, Hyderabad.
A.63 P.Ramulu, S/o. Naumanth, Aged 46 years, Occ: RTC driver, R/o. 16213/2, Panjagutta, Hyderabad.
A.64 Mohd. Farroq, S/o. Md.Haffez, Aged 38 years, Occ: Old cloth business, R/o.Macca colony, Tadban, Hyderabad.
A.65 Md.Moulali, S/o. M.A.Majeed, Aged 48 years, Occ: Player, C/o.Raj Bhavan Road, Mactha, Hyderabad.
A.66 Ashok Sharma, S/o. Shanker Lal, Aged 46 years, Occ: Water supplying, R/o.102432, Maradipally, Secunderabad.
A.67 Srinivas, S/o. Buchaiah, Aged 33 years, Occ: Mechanic, R/o.Plot No.178, Ramathapur, Hyderabad.
A.68 Sajju, S/o. Abdul Rasheed Khan, Aged 34 years, R/o. 9486/137, Salarjan colony, Mehdipatnam, Hyderabad.
A.69 G.Subbash, S/o. G.Jagaiah, Aged 35 years, Occ: Business, R/o. H.No.36583/B, Himayathnagar, Hyderabad.
A.70 Ashok, S/o. Ramchander, Aged 33 years, R/o. Narayanaguda, Hyderabad.
A.71 Subbash, S/o. Brahmaiah, Aged 59 years, R/o. H.No.66241/61, Jerra, Hyderabad.
A.72 Ratna, S/o.Ganesh, Aged: 40 years, R/o. H.No.136429/38/1,
C.C. 1612 of 2004 Page 6 of 17
Langar House, Hyderabad.
A.73 Madhusudhan, S/o. Rajesham, Aged 39 years, R/o. H.No.31654, Kachiguda, Hyderabad.
A.74 Ch.Venkat Reddy, S/o. Damodhar Reddy, Aged 38 years, R/o. H.No.55820/2, Vanasthalipuram, Hyderabad.
A.75 M.Raju, S/o. Satyanarayana, Aged 34 years, R/o. Flat No.28, Malakpet, Hyderabad.
A.76 Hanumanth Reddy, S/o. Bal Reddy, Aged 50 years, R/o. H.No.28186, Pahadisharif, Hyderabad.
A.77 Deepak, S/o. Krishna Rao, Aged 22 years, R/o. H.No.72921/1, Boggulakunta, Hyderabad.
A.78 Rama Krishna, S/o. Jangaiah, Aged 27 years, R/o. H.No.133849/220, Puranapool, Hyderabad.
A.79 Chary, S/o. NVK Chary, Aged 52 years, R/o. Malkajgiri, Hyderabad.
A.80 R.Arashacand, S/o. Shivaji Ram, Aged 26 years, R/o. Kishan Bagh, Hyderabad.
A.81 Vijaya Singh, S/o. Shankar, Aged 36 years, R/o. Behind Bible House, Secunderabad.
A.82 T.Raju, S/o. Varahalu, Aged 26 years, R/o. H.No.227589, Miralammandi, Hyderabad.
A.83 Kasinath, S/o. Ambaji Rao, Aged 20 years, R/o. H.No.3513, Himayathnagar, Hyderabad.
A.84 Syed Khan, S/o. A.M.Khan, Aged 49 years, R/o. 1427/71/69, Kavadiguda, Hyderabad.
A.85 Raju, S/o. Rajaiah, Aged 34 years, R/o. H.No.116586, Musheerabad, Hyderabad.
C.C. 1612 of 2004 Page 7 of 17
A.86 K.S.Reddy, S/o.Satti Reddy, Aged 63 years, R/o. L.B.Nagar, Hyderabad.
A.87 Krishna, S/o. Ramaiah, Aged 42 years, R/o. VWS88 MCH Quarters, Panjagutta, Hyderabad.
A.88 Pentaiah, S/o. Sankaraiah, Aged 65 years, R/o. H.No.17629/11, Ramnagar, Hyderabad.
A.89 Maqbool Asgar, S/o. Himayamuddin, Aged 38 years, R/o. H.No.171181/M/74, Madannapet, Hyderabad.
A.90 Syed Sardar, S/o. Syed Ahmed, Aged 42 years, Occ: Mounting, R/o. H.No.14504, Musheerabad, Hyderabad.
A.91 Bakkaiah, S/o. Viswanath, Aged 52 years, Occ: Business, R/o. H.No.23512/130, Chenna Reddy Nagar, Amberpet, Hyderabad.
A.92 T.Gopal Singh, S/o. Raja Ram Singh, Aged 45 years, Occ: FCI, R/o. H.No.27149, Gandhinagar, Balanagar, Hyderabad.
A.93 M.Baleshwar, S/o. Balaswamy, Aged 41 years, Occ: Supervisor, R/o. H.No.1285, Bandabmaisamma, Indra Park, Hyderabad.
A.94 S.M.Wajeed, S/o. Md.Issa, Aged 38 years, Occ: Business, R/o. H.No.B22/F4, Kaladaranagar, Malakpet, Hyderabad.
A.95 G.Venkatem, S/o. Lakshimaiah, Aged 30 years, Occ: Business, R/o.Amberpet, Hyderabad.
A.96 B.Gandhi Reddy, S/o. Dani Reddy, Aged 55 years, Occ: Advertisement, R/o. H.No.181152, Chikkadapally, Hyderabad.
A.97 Prabhakar Reddy, S/o. Devender Reddy, Aged 43 years, Occ: Tailor, R/o.358, Vanasthalipuram, Hyderabad.
C.C. 1612 of 2004 Page 8 of 17
A.98 Nagamalli, S/o. Venkatesh, Aged 38 years, Occ: Tailor, R/o.Chikkadapally, Hyderabad.
A.99 Raja Sharma, S/o. Ram Murthy Sharma, Aged 58 years, Occ: Pvt.Servant, R/o. H.No.15286, Ramnagargundu, Hyderabad.
A.100 Gopal, S/o. Tirupathaia, Aged 38 years, Occ: Catering, R/o. H.No.35596, St.No.8, Himayathnagar, Hyderabad.
A.101 Vinod, S/o. Vasantha Rao, Aged 29 years, Occ: Business, R/o. H.No.3812, Badichowdi, Sulthan Bazar, Hyderabad.
A.102 Mohd.Shafi, S/o. Mohd.Qurisheed, Aged 39 years, Occ: Business, R/o. H.No.178533/77, Yakuthpura, Hyderabad.
A.103 Ch.Mukthaiah, S/o. Seethaiah, Aged 55 years, Occ: Retd.Employee, R/o. H.No.118, near Saibaba temple, Dilsuknagar, Hyderabad.
A.104 S.Ragu Ram, S/o. Sk.Rao, Aged 40 years, Occ: BDL Employee, R/o. H.No.15, Meerpet, Hyderabad.
A.105 Sridhar, S/o. Venkateswara Rao, Aged 41 years, Occ: Business, R/o. SRT 351, Jawaharnagar, Chikkadapally, Hyderabad.
A.106 Kaleem, S/o. Lateef, Aged 31 years, Occ: Business, R/o.NMacharam, RR District.
A.107 Maqbool, S/o. Farreed, Aged 33 years, Occ: Auto driver, R/o.Bee Ka Chasma, Hyderabad.
A.108 Syed Muneer, S/o. Syed Jahangir, Aged 33 years, Occ: Auto driver, R/o.Dabeerpura, Hyderabad.
C.C. 1612 of 2004 Page 9 of 17
A.109 Babu Khan, S/o. Osman Khan, Aged 26 years, Occ: Tailor, R/o. 16426, Chenchalguda, Hyderabad.
A.110 Ajay Reddy, S/o. Krishna Reddy, Aged 28 years, Occ: Business, R/o.Malakpet, Hyderabad.
A.111 Ravinder Reddy, S/o. Rajaiah, Aged 49 years, Occ: Air condition Repairer, R/o. H.No.112116/9, RTX Cross Road, Hyderabad.
A.112 Srinivasulu, S/o. Mukunda Swamy, Aged 40 years, Occ: SBI Kothi Branch, R/o.H.No.206224, Ckakarjung, Shalibanda, Hyderabad.
A.113 H.Kishore, S/o. H.Narayana Rao, Aged 50 years, Occ: Business, R/o. Flat No.128, Meerpet Village, RR District.
A.114 M.K.Sharma, S/o. R.K.Sharma, Aged 50 years, Occ: Business, R/o.H.No.SRT 1077, Santhinagar, Hyderabad.
A.115 Mohd.Kaleem, S/o. Mohd.Showkath, Aged 30 years, Occ: Plumber, R/o.H.No.112426/19, Chilakalguda, Hyderabad.
A.116 G.Visweswara Rao, S/o. Satyanarayana, Aged 54 years, Occ: Business, R/o. H.No.2226, Warangal, Hyderabad.
A.117 R.K.Kanan, S/o. G.P.Kananan, Aged 26 years, Occ: Driver, R/o. H.No.235796, Opp: Sema Talkies, Jhunam, Hyderabad.
A.118 Sk.Dastagiri, S/o. Sk.Farquddin, Aged 50 years, Occ: Auto driver, R/o.Musheerabad.P.S backside, Hyderabad.
A.119 R.Sudhakar, S/o. Late RK Sharma, Aged 30 years, R/o. H.No.36416/2/A, St.No.4, Himayathnagar, Hyderabad.
C.C. 1612 of 2004 Page 10 of 17
A.120 Mohd.Arief, Aged 35 years, Occ: Business, R/o. H.No.201370, Hussani Alam, Hyderabad.
A.121 Santosh, S/o. Prabhakar, Aged 28 years, Occ: Business, R/o.H.No.66426, Bancilalpet, Secunderabad.
A.122 B.Satyanarayana, S/o. Adibaiah, Aged 38 years, Occ: Watchman, R/o. H.No.4182/1, P & T Colony, Dilsuknagar, Hyderabad.
A.123 A.Surender Reddy, S/o. A.Ram Reddy, Aged 54 years, R/o. H.No.1897, Chalapura, Hyderabad.
A.124 Mohd.Khaleed, S/o. Mohd.Jahad, Aged 40 years, Occ: Welder, R/o. H.No.18410/1, Prakeshnagar, Begumpet, Hyderabad.
A.125 Mohd.Chand, S/o. Mohd.Baigh, Aged 34 years, Occ: Business, R/o. Moulika Chella, Hyderabad.
A.126 J.Esari, S/o. Malaiah, Aged 35 years, R/o. Amannagar, Warasiguda, Hyderabad.
A.127 Y.Srinivas, S/o. Y.Charry, Aged 40 years, R/o.Malakpet, Hyderabad.
A.128 J.Veeraiah, S/o. J.Anjaiah, Aged 52 years, Occ: Tailor, R/o. H.No.17512/8, Musheerabad, Hyderabad.
A.129 B.Dasarath, S/o. Sri Ramulu, Aged 44 years, Occ: Business, R/o.H.No.191345/2, Konda Reddy Nagar, Kishan Bagh, Hyderabad.
A.130 Sk.Chand Pasha, S/o. Sk.Khaleel, Aged 40 years, Occ: Business, R/o. H.No.112462, Chilkalguda, Secunderabad.
A.131 Vishawam, S/o. Narayana, Aged 38 years, Occ: Supervisor of Majestic Club, R/o. Saroornagar, Hyderabad.
C.C. 1612 of 2004 Page 11 of 17
A.132 Lakshminarayan, S/o. Komaraiah, Aged 28 years, Occ: Supervisor of Majestic Club, R/o.Flat No.47, RK Colony, Secunderabad.
A.133 Dana Raj, S/o. Narasimha, Aged 30 years, Occ: Supervisors head of Majestic Club , R/o.Ramnagar, Hyderabad.
A.134 Baba, S/o. Mohd.Yasan, Aged 32 years, Occ: Supervisor, R/o. Malakpet, Hyderabad.
A.135 Chand Pasha, S/o. Samad Miya, Aged 20 years, Occ: Supervisor, R/o.H.No.947/A/72, Chandrayanagutta, Hyderabad.
A.136 Ramesh, S/o. Haripal Nayak, Aged 21 years, Occ: Club Worker, R/o.Begumpet, Hyderabad.
A.137 Venkatesh, S/o. Yadagir, Aged 24 years, Occ: Club Worker, R/o. Narayanaguda, Hyderabad.
A.138 A.Raju, S/o. Mallesh, Aged 20 years, Occ: Club Worker, R/o. Puttlibowli, Hyderabad.
(This case is only against A.1 and A.30. Case against A.2 to A.29, A.31 to A.138 split up
vide C.C.1173/2014). ... Accused
This case is coming before me for final hearing on 1852015 in the presence of Learned A.P.P, for the State and Sri G.N.S.Chandra Bose, Advocate for A.1 and A.30, after having stood over for consideration, till this day, the court delivered the following :
J U D G M E N T
1.State represented by SI of Police, PS Narayanaguda filed charge sheet against A.1 to A.138 in Crime No.286/2004 for the offences u/Secs 3 and 4 of A.P Gaming Act alleging that on 542004 on receipt of information the then SI of Police, Chandpasha along with staff proceeded to the H.No.35 1060/5, Narayanaguda as common gaming was being conducted with the
C.C. 1612 of 2004 Page 12 of 17 help of three cards and before proceeding to the scene of offence he obtained search warrant and also collected panchas Mahender and Mohd.Yafai and the
Advocate Commissioner was appointed for the said Majestic Sports and
Cultural Club was also present and the raid party found Abdul Vilayath ali
Khan and Nanak were the owners, 126 punters, 5 supervisor and 3 workers and also found 21 tables and punters were paying three cards came by putting cash of Rs.35, 329/ and also found 42 bundles of playing cards, 126 chairs and 21 tables and the said persons were taken into custody and panchanama was conducted and the property was seized and subsequently case was registered and during course of investigation A.3 to A.138 were produced for judicial custody and after completion of investigation filed charge sheet.
2.This case was taken cognizance for the offences u/Secs 3 and 4 of A.P
Gaming Act against A.1 to A.138 and when A.1 was present and A.2 to
A.138 were absent and as NBW pending against them since long time as such case against A.2 to A.138 was split up in C.C.1173/2014 and this case was proceeded against A.1 only.
3.When A.1 present copies of documents were furnished to him u/Sec.207 Cr.P.C. A.1 was examined u/SEc.251 Cr.P.C for he pleaded not guilty for the offence u/Secs.3 and 4 of A.P Gaming Act.
4.During pendency of this case A.30 was arrested and produced in
C.C.1173/2014 and subsequently case against A.30 was clubbed in
C.C.1612/2004 and C.C.1612/2004 was proceeded against A.1 and A.30 only.
5.During the course of trial prosecution examined P.Ws.1 to 3 and marked Exs.P.1 to P.3. No documents was marked by defence and M.O.1 was exhibited. After closure of the prosecution evidence A.1 and A.30 were examined u/Sec 313 Cr.P.C and when the incriminating material in the
C.C. 1612 of 2004 Page 13 of 17 evidence of P.Ws.1 and 2 were put to them, A.1 and A.30 denied the evidence as false, did not state anything and did not wish to examine witnesses on their behalf. After hearing arguments this case is posted for judgment.
6.Now the point for determination is ;
Whether the prosecution proved the offences u/Secs 3 and 4 of A.P Gaming Act against A.1 and A.30 beyond all reasonable doubts ?
7.Prosecution though cited 8 witnesses but examined P.Ws.1 to 3 and the evidence of L.Ws.2 to 6 viz., ITVS Suryanarayana, D.Gangadhram, Chanda
Reddy, Prabhakar, K.Mahender Kumar was closed as the witnesses were not produced inspite of giving several chances. Out of the witnesses examined
P.W.1 is the SI of Police and defactocomplainant, P.W.3 is the panch witness and P.W.2 is the officer who registered the FIR and investigated the offence.
8.The defence taken by the A.1 and A.30 is that of total denial.
9.The investigation in this case was commenced on the report of P.W.1 which is marked as Ex.P.1 which shows about conducting raid on 542004 at 7pm on information about conducting of common gaming with three cards at
H.No.351060/5, Narayanaguda, obtaining search warrant from Asst.
Commissioner of Police, Abids, collection of panch witnesses, proceeded to the scene of offence, found the organizers, punters, supervisors and workers and took them into custody and seized cash and tables, chairs and playing cards, etc. Ex.P.1 is the report. Ex.P.2 is the panchanama.
10.Ex.P.1 was registered as a case in Crime No.286/2004 for the offence u/Secs.3 and 4 of A.P Gaming Act and Ex.P.3 is the FIR.
11.When the evidence of P.W.2 is seen he is the officer who registered the
FIR and conducted investigation. The evidence of P.W.2 shows that he received report from P.W.1 and registered the same as FIR and he visited the
C.C. 1612 of 2004 Page 14 of 17 scene of offence, effected arrest of A.3 to A.138 and produced them for judicial custody and A.1 and A.2 surrendered before the court and obtained bail. M.O.1 is fixed deposit receipt for Rs.35,329/. P.W.2 also deposed that other property 126 chairs and tables were returned to the accused for interim custody.
12.When the evidence of P.W.1 is seen he deposed the same facts which are mentioned in Ex.P.1 report about conducting of raid and etc facts and also taking panchnas and organizers into custody and seizure of cash, tables and chairs. Ex.P.2 is the panchanama. Eventhough the record in this case shows that P.W.1 obtained search warrant from Asst. Commissioner of Police,
Abids but the same was not filed in this case. In the cross examination of
P.W.1 it was elicited that he did not enquire the neighbours at the place where the raid was conducted and it is also not the case of the prosecution that the neighbours complained against the accused for conducting such common gaming house. When the evidence of P.W.3 is seen he is the panch witness in this case and he deposed that he was taken by the police to the gambling house where 100 persons were present, plice seized cash, tables and chairs in his presence and P.W.3 could not say whether A.1 to A.30 were present at the spot at the time of conducting raid and therefore P.W.3 was declared hostile and he did not support the case of the prosecution and when he was cross examined by the learned A.P.P. In the cross examination of
P.W.2 also shows that he did not examine any independent witness at the scene of offence.
13.After going through the above material on record except the evidence of P.W.1 there is no other evidence to show that A.1 and A.30 are the persons who were present in the common gaming house and A.1 was the organizer and A.30 was the punter. The evidence on record is not at all sufficient to hold that A.1 and A.3 are involved in betting and playing three cards game and prosecution failed to prove the offence u/Secs.3 and 4 of A.P
Gaming Act against A.1 and A.30 beyond all reasonable doubt and therefore
C.C. 1612 of 2004 Page 15 of 17 they are entitled for acquittal.
14.A.1 and A.3o are found not guilty for the offences u/Secs 3 and 4 of
A.P Gaming Act.
15.In the result, A.1 and A.30 are acquitted u/sec 255 (1) Cr.P.C for the offences u/Secs 3 and 4 of A.P Gaming Act and they are directed to set at liberty and their bail bonds shall stands cancelled after appeal time is over.
M.O.1 shall be transferred to C.C.1173/2014 where case against A.2 to A.29,
A.31 to A.138 is pending.
Dictated to the Stenographer, transcribed and typed by him, corrected
and pronounced by me in the open Court on this the 19th day of May, 2015.
IX ADDL. CHIEF METROPOLITAN MAGISTRATE,
HYDERABAD.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:
P.W.1B.Chand Pasha, SI of Police, Narayanaguda.P.S, conducted raid/defactocomplainant. P.W.2M.Gurappa, SI of Police, Narayanaguda.P.S, issued FIR. P.W.3Mohd.Yafai, panch witness.
FOR DEFENCE: NIL
EXHIBITS MARKED:
FOR PROSECUTION:
Ex.P1Report. Ex.P2Confession cum seizure panchanama. Ex.P3FIR.
FOR DEFENCE : NIL
C.C. 1612 of 2004 Page 16 of 17
MATERIAL OBJECTS MARKED:
M.O.1Fixed deposit receipt for Rs.35,329/.
IX ADDL. CHIEF METROPOLITAN MAGISTRATE,
HYDERABAD.
C.C. 1612 of 2004 Page 17 of 17