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Delhi District Court

State vs Avtar Singh & Ors. on 4 October, 2007

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IN THE COURT OF SH. RAVINDER SINGH: METROPOLITAN
MAGISTRATE: KARKARDOOMA : SHAHDARA : DELHI.


                                            State V/s Avtar Singh & Ors.
                                            FIR No.      518/03
                                            PS          Kalyanpuri
                                            U/s        12/9/55 G. Act
JUDGMENT:

a Sl No of the Case & Date of Institution : 195/03 dtd. 9.12.03 b Date of Commission of Offence : 8.11.03 c Name of complainant : HC Jaiveer Singh No. 491/E d Name of the Accused & his : Avtar Singh S/o Bakshish Singh parantage & address Din Dayal S/o Bhawani Singh Madan Lal S/o Ram Lal Naresh S/o Bhajan Singh e Offence complained of : U/s 12/9/55 Gambling Act f Plea of the Accused : Pleaded not guilty g Order Reserved : 4.10.07 g Final order : Convicted h Date of such order : 4.10. 07 BRIFE STATEMENT FOR THE REASONS FOR DECISION:

1. In brief the prosecution case is that 8.11.03 at 1.20 PM at MCD Chhota Park, 12 Block, Kalyanpuri, Delhi within the jurisdiction of PS Kalyanpuri accused all the accused persons were found playing gambling with playing cards and therefore 52 cards and stake amount of Rs.150/- was recovered from their possession so complaint was filed in PS Kalyanpuri.

The FIR No. 518/03 was registered in the PS Kalyanpuri against all the accused persons U/S 12/9/55 G. Act. Statement of witnesses were recorded, site plan was prepared, accused was arrested and after completion of all necessary investigation challan U/s 173 Cr. P.C was presented in the court for trial.

2. All the accused persons were summoned by the Court to face trial so copies as required under section 207 Cr. PC, were supplied to all of them. Thereafter case was fixed for consideration of charge.

3. After hearing arguments and on perusal of record, prima facie charge for the offence under section 12/9/55 G. Act was made out against the accused Manish. Charge was framed accordingly against all the accused persons on 27.1.05. Thereafter case was fixed for prosecution evidence.

4. In support of its case prosecution has produced and examined one witness namely HC Surender Pal the Duty Officer as PW1 who proved the copy of FIR as Ex.PW1/A and his endorsement is Ex.PW1/B on rukka.

5. Today case is fixed for prosecution evidence but no witness present today. All the accused persons moved an application for plead guilty in this case. I have examined all the accused persons regarding voluntariness of plea of guilt. I am satisfied that all the accused persons pleaded guilty voluntarily without any force and coercion. The application of the plea of guilt of the accused persons is Ex.P-1.

6. I have Ld. APP and the accused persons and I have also perused the material placed on record.

7. As all the accused persons voluntarily pleaded guilty so I have left no option but to convict the accused for the offence u/s 12/9/55 of G. Act. In view of this, all the accused persons are convicted for the offence u/s 12/9/55 G. Act.

Announced in the open court on 4.10.07 ( Ravinder Singh ) Metropolitan Magistrate KKD, Delhi.

IN THE COURT OF SH. RAVINDER SINGH: METROPOLITAN MAGISTRATE: KARKARDOOMA : SHAHDARA : DELHI.

State V/s Avtar Singh & Ors.

                                        PS         Kalyanpuri
                                        U/s       12/9/55 G. Act
ORDER ON SENTENCE


Present:-    APP for the State.
             All the convict persons in person.

Arguments heard. Case file perused.

All the convict persons belongs to age group of 45 to 55 years.

They belongs to poor family. Further they are facing trial for last four years.

I am of the considered opinion that interest of justice would be met by sentencing all the accused to pay the penalty of Rs.300/- each and they are further convicted to one day T.R.C. Penalty realised.

Announced in the open Court on 4.10.07 (Ravinder Singh) Metropolitan Magistrate, KKD Courts, Delhi 4 FIR No. 518/03 PS Kalyanpuri 4.10.07 Present:- APP for the State.

All the accused persons in person.

Today case is fixed for prosecution evidence but no witness present today. All the accused persons moved an application for plead guilty in this case. I have examined all the accused persons regarding voluntariness of plea of guilt. I am satisfied that all the accused persons pleaded guilty voluntarily without any force and coercion. The application of the plea of guilt of the accused persons is Ex.P-1.

Arguments heard.

As all the accused persons voluntarily pleaded guilty so I have left no option but to convict the accused for the offence u/s 12/9/55 of G. Act. In view of this, all the accused persons are convicted for the offence u/s 12/9/55 G. Act.

Put up for order on sentence at 12 noon.

MM/4.10.07 At 12 noon.

Present:-     APP for the State.
              All the convict persons in person.
              Arguments heard.

Vide my separate order on sentence, all the accused persons are sentenced to pay the penalty of Rs.300/- each and they are further convicted to one day T.R.C. Penalty realised.

Bail bond cancelled. Documents, if any, be returned to the concerned person after cancellation of endorsement.

File be consigned to Record Room.

MM/4.10.07 5