Delhi District Court
Fir No.372/22 State vs . Shankar Gupta & Ors. Page 1 Of 6 on 7 September, 2022
DLWT020246752022
Presented on : 26-08-2022
Registered on : 26-08-2022
Decided on : 07-09-2022
Duration : 0 years, 0 months,
12 days
IN THE COURT OF
Metropolitan Magistrate
AT West,WEST DELHI
(Presided Over by MS. DEVANSHI JANMEJA)
Cr. Case/10920/2022
FIR No.372/22
(PROSECUTION):
STATE
Through Police Station Officer Rajouri Garden
372 , PS RAJOURI GARDEN DELHI, RAJOURI GARDEN, WEST,
DELHI, INDIA
WEST DELHI
VERSUS
1. MOHAMMAD SAHDAB
S/o Saeed Ahmed
R/o B -125, TCCamp 12 Gaj, New Delhi, RAJOURI GARDEN, WEST,
DELHI, INDIA
2. NIVAS KUMAR
S/o Uday Singh
R/o S-221/5, Vishnu Garden, New Delhi
3. AMARJEET
S/o Chhotu Lal
R/o F-363, J.J Colony
FIR No.372/22 State Vs. Shankar Gupta & ors. Page 1 of 6
Near Shakti Mandir, Tagore Garden New Delhi
4. RAHUL
S/o Mahender Singh
R/o E-602
Raghubir Nagar New Delhi
APPEARANCES
Sh. Aditya Trehan, Ld. APP for State.
Offence punishable under :
55,12,9 of Delhi Public Gambling
Act
JUDGMENT
(Delivered on 07-09-2022)
a)Date of offence : 04.05.2022
b)Offence complained of :U/s 12/09/55 Delhi Public Gambling Act
c)Plea of accused : Pleaded not guilty
d)Final Order : Accused persons convicted JUDGMENT BRIEF FACTS AND REASONS FOR DECISION :
Case of the prosecution in brief is as follows:
1. That on 04.05.2022 at 1.10 am in front of H.No.F-363, JJ Colony, Near Shakti Mandir, Tagore Garden, New Delhi within the jurisdiction of FIR No.372/22 State Vs. Shankar Gupta & ors. Page 2 of 6 police station Rajouri Garden all the accused persons were found gaming/ satta with the help of some chits and books/diary and thereby all the accused persons have committed an offence punishable U/s 12/9/55 of Gambling Act.
2. After summoning of accused persons and after compliance of the provisions of section 207 Cr. P.C, the notice was framed against accused persons today itself i.e. 07.09.2022 U/s 12/09/55 Gambling Act to which accused persons not pleaded guilty and claimed trial.
3. In order to prove the case Prosecution cited as many as 06 witnesses in total and out of those 02 witnesses got examined. Thereafter, at request of Ld. APP for the State, remaining witnesses dropped and P.E. closed thereafter.
4. Prosecution got examined IO/ ASI Jagpal as PW-1 who deposed that on 04.05.2022, he was posted at PS Rajouri Garden as HC. On that day, he was on patrolling duty alongwith Ct Jyoti Prakash and Ct Om Prakash. At about 1.10 AM one secret informer informed him that some persons organizing satta. Accordingly, they took the secret informer with them and reached in front of H.No.F-363, JJ Colony, Near Shakti Mandir, Tagore Garden, New Delhi. There the secret informer pointed out towards one FIR No.372/22 State Vs. Shankar Gupta & ors. Page 3 of 6 person who was writing a satta on one small booklet and some persons giving him money for playing satta. On seeing this he asked 4-5 persons to join the raid but all of them refused to join the same and left the spot without disclosing their names and addresses. Due to the urgency he did not serve any notice to them. Thereafter, he alongwith Ct Jyoti Prakash and Ct Om Prakash approached towards the accused persons. On seeing them coming, accused persons and the persons who were standing there started running. With the help of Ct Jyoti Prakash and Ct Om Prakash, he apprehended the accused persons namely Mohd. Shadab S/o Saeed Ahmad Nivas S/o Uday Singh Amarjeet S/o Chhotu Lal and Rahul Mahender Singh who were writing a satta on small slips. At the spot, some paper slips, some small note books and some cash was recovered which were contained in one plastic bag. He seized the recovered articles vide seizure memo Ex. PW1/A bearing his signature at point A. He prepared rukka Ex.PW1/B bearing his signature at point A and sent the Rukka to PS for registration of FIR, at which Ct Jyoti Prakash and Ct Om Prakash got the FIR registered and handed over copy of FIR and original rukka to him. He made endorsement on the rukka Ex.PW1/C bearing his signature at point A. Accused persons present in the court today (correctly identified in the court).
He can identify the case property if shown to him. Accused persons submitted that they do not dispute the identity of the case FIR No.372/22 State Vs. Shankar Gupta & ors. Page 4 of 6 property. The case property now Ex.P1 (colly).
5. Prosecution got examined IO HC Harish Kumar as PW-2 who deposed that on 04.05.2022, he was posted at PS Rajouri Garden as HC. On that day, he arrested the accused persons vide arrest memos Ex. PW-1/D, Ex. PW-1/E, Ex. PW-1/F and Ex. PW-1/G bearing his signatures at point A. He prepared the site plan vide Ex. PW1/H bearing his signature at point A. He released the accused person on bail. He recorded statement of Ct. Om Prakash and Ct. Jyoti Prakash. Accused persons present in the court today (correctly identified in the court). He can identify the case property if shown to me.
Accused persons submitted that they do not dispute the identity of the case property. The case property now Ex.P1 (colly).
6. P.E. was closed thereafter.
7. On 07.09.2022, the statement of the accused U/s 313 Cr. P.C. got recorded in which accused wished to not lead any D.E.
8. Arguments advanced at length by both the sides. FIR No.372/22 State Vs. Shankar Gupta & ors. Page 5 of 6
9. It is observed by this court that PW1 deposed in terms of story of prosecution but the accused persons not cross examined the witness despite having all the opportunity with them. PW1 has specifically proved the complaint but the accused persons not asked even single question regarding the said spot or the allegations made therein. The registration of FIR and arrest of accused persons is mere veracity to the procedure adopted by the investigating agency. The prosecution has successfully proved the charges U/s 12/09/55 Gambling Act against the accused persons - Mohd. Shadab S/o Saeed Ahmad Nivas S/o Uday Singh Amarjeet S/o Chhotu Lal and Rahul Mahender Singh.
10. In view of above observations, accused persons namely Mohd. Shadab S/o Saeed Ahmad Nivas S/o Uday Singh Amarjeet S/o Chhotu Lal and Rahul Mahender Singh are convicted for the offence punished u/s U/s 12/09/55 Gambling Act in the present case FIR.
Copy of this judgment be given dasti to the convicts free of cost.
Digitally signed by DEVANSHI JANMEJA DEVANSHI Date: JANMEJA 2022.09.07 15:48:25 +0530 Announced in the open Court (Devanshi Janmeja) on this 07th Day of September, 2022 MM(West)-02/THC 07.09.2022 FIR No.372/22 State Vs. Shankar Gupta & ors. Page 6 of 6