Delhi District Court
Fir No.331/22 State vs . Dhruv Chauhan Page 1 Of 7 on 19 September, 2022
DLWT020255252022
Presented on : 08-09-2022
Registered on : 08-09-2022
Decided on : 19-09-2022
Duration : 0 years, 0 months,
11 days
IN THE COURT OF
Metropolitan Magistrate
AT West,WEST DELHI
(Presided Over by MS. DEVANSHI JANMEJA)
Cr. Case/11340/2022
FIR No. 331/22
(PROSECUTION):
STATE
Through Police Station Officer Rajouri Garden
331, PS RAJOURI GARDEN, RAJOURI GARDEN, WEST, DELHI,
INDIA
WEST DELHI
VERSUS
DHRUV CHAUHAN
A-22, TC CAMP, RAGHUBIR NAGAR, RAJOURI GARDEN, WEST,
DELHI, INDIA
APPEARANCES
Sh. Aditya Trehan, APP for State.
Accused in person.
Offence punishable under :
12/9/55 Delhi Public Gambling Act
JUDGMENT
FIR No.331/22 State Vs. Dhruv Chauhan Page 1 of 7
(Delivered on 19-09-2022)
1) Date of commission of offence : 03.04.2022
2) Name of complainant : Ct. Rahul PS Rajouri Garden, New Delhi
3) Plea of accused : Pleaded not guilty
4) Final Order : Accused convicted JUDGMENT BRIEF FACTS AND REASONS FOR DECISION :
Case of the prosecution in brief is as follows:
1. That on 03.04.2022 at 7.55 pm Near A-22 TC Camp, Raghubir Nagar, Delhi within the jurisdiction of police station Rajouri Garden accused was found gaming/ satta with the help of some chits and books/diary and thereby you have committed an offence punishable U/s 12/9/55 of Gambling Act.
2. After summoning of accused person and after compliance of the provisions of section 207 Cr. P.C, the notice was framed against accused FIR No.331/22 State Vs. Dhruv Chauhan Page 2 of 7 person today itself i.e. 19.09.2022 U/s 12/09/55 Gambling Act to which accused person not pleaded guilty and claimed trial.
3. In order to prove the case Prosecution cited as many as 05 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 Sanjay as PW-1 who deposed that on 02.04.2022, he was posted at PS Rajouri Garden as ASI. On that day, he was on patrolling duty alongwith Ct Naveen and Ct. Rahul. At about 7.55 PM one secret informer informed me that some persons organizing satta.
Accordingly, we took the secret informer with us and reached Near A-22 TC Camp, Raghubir Nagar, Delhi. There the secret informer pointed out towards one person who was writing a satta on one small booklet and some persons giving him money for playing satta. On seeing this I 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 Naveen and Ct. Rahul approached towards the accused person. On seeing them coming, accused person and the persons who were standing there started running. With the help of Ct Naveen FIR No.331/22 State Vs. Dhruv Chauhan Page 3 of 7 and Ct. Rahul, he apprehended the accused persons namely Dhruv Chauhan 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 Naveen got the FIR registered and handed over copy of FIR and original rukka to me. He made endorsement on the rukka Ex.PW1/C bearing his signature at point A. He arrested the accused person Dhruv Chauhan vide arrest memos Ex. PW-1/D bearing his signature at point A. He prepared the site plan vide Ex. PW1/E bearing his signature at point A. He released the accused person on bail. He recorded statement of Ct Naveen and Ct. Rahul. Witness correctly identified both the accused present in the court. Accused person submitted that he do not dispute the identity of the case property. The case property now Ex.P1 (colly).
5. Prosecution got examined IO Ct. Rahul as PW-2 who deposed that on 02.04.2022, he was posted at PS Rajouri Garden as Constable. On that day, he was on patrolling duty alongwith Ct Naveen and IO. At about 7.55 PM one secret informer informed me that some persons organizing satta. Accordingly, we took the secret informer with us and reached Near A-22 TC FIR No.331/22 State Vs. Dhruv Chauhan Page 4 of 7 Camp, Raghubir Nagar, Delhi. There the secret informer pointed out towards one person who was writing a satta on one small booklet and some persons giving him money for playing satta. On seeing this I 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. Rahul and IO approached towards the accused person. On seeing them coming, accused person and the persons who were standing there started running. With the help of Ct Naveen and Ct. Rahul, he apprehended the accused persons namely Dhruv Chauhan 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 already Ex. PW1/A bearing his signature at point A. He prepared rukka already Ex.PW1/B bearing his signature at point A and sent the Rukka to PS for registration of FIR got the FIR registered and handed over copy of FIR and original rukka to him. He made endorsement on the rukka already Ex.PW1/C bearing his signature at point A. He arrested the accused person Dhruv Chauhan vide arrest memos already Ex. PW-1/D bearing his signature at point A. He prepared the site plan already Ex. PW1/E bearing his signature at point A. He released the accused person on bail. He recorded statement of Ct. Rahul. Witness correctly identified both the accused present in the court. FIR No.331/22 State Vs. Dhruv Chauhan Page 5 of 7 Accused person submitted that he do not dispute the identity of the case property. The case property now Ex.P1 (colly).
6. P.E. was closed thereafter.
7. On 19.09.2022, 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.
9. It is observed by this court that PW1 and PW-2 deposed in terms of story of prosecution but the accused person not cross examined the witnesses despite having all the opportunity with them. PW1 has specifically proved the complaint but the accused person not asked even single question regarding the said spot or the allegations made therein. The registration of FIR and arrest of accused person 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 - Dhruv Chauhan.
10. In view of above observations, accused person namely Dhruv Chauhan is convicted for the offence punished u/s U/s 12/09/55 Gambling Act FIR No.331/22 State Vs. Dhruv Chauhan Page 6 of 7 in the present case FIR.
Copy of this judgment be given dasti to the convict free of cost.
Digitally signed by DEVANSHI JANMEJA DEVANSHI Date: JANMEJA 2022.09.20 12:23:19 +0530 Announced in the open Court (Devanshi Janmeja) on this 19th Day of September, 2022 MM(West)-02/THC 19.09.2022 FIR No.331/22 State Vs. Dhruv Chauhan Page 7 of 7