Delhi District Court
Fir No.430/22 State vs . Vicky Page 1 Of 7 on 19 September, 2022
DLWT020255212022
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/11337/2022
FIR No.430/22
(PROSECUTION):
STATE
Through Police Station Officer Rajouri Garden
430 , PS RAJOURI GARDEN DELHI, RAJOURI GARDEN, WEST, DELHI,
INDIA
WEST DELHI
VERSUS
VICKY
B-117, TC Camp Raghubir Nagar, Delhi, RAJOURI GARDEN, WEST, DELHI,
INDIA
APPEARANCES
Sh. Aditya Trehah, Ld APP for State
Accused in person.
Offence punishable under :
12/9/55 Delhi Gambling Act
FIR No.430/22 State Vs. Vicky Page 1 of 7
JUDGMENT
(Delivered on 19-09-2022)
1) Date of commission of offence : 11.06.2022
2) Name of complainant : Ct. Naveen 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 11.06.2022 at 9.50 pm Near C-379 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.430/22 State Vs. Vicky 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 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 Sanjay as PW-1 that on 11.06.2022, he was posted at PS Rajouri Garden as ASI. On that day, he was on patrolling duty alongwith Ct Naveen. At about 9.50 PM one secret informer informed them that some persons organizing satta. Accordingly, they took the secret informer with them and reached Near C-379 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 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 Naveen 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, he FIR No.430/22 State Vs. Vicky Page 3 of 7 apprehended the accused persons namely Vicky 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 him. He made endorsement on the rukka Ex.PW1/C bearing his signature at point A. He arrested the accused person Vicky vide arrest memos Ex. PW-1/D bearing his signature at point A. He released the accused person on bail. He recorded statement of Ct Naveen. 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. Naveen as PW-2 who deposed that on 11.06.2022, he was posted at PS Rajouri Garden as Constable. On that day, he was on patrolling duty alongwith IO. At about 7.55 PM one secret informer informed me that some persons organizing satta. Accordingly, they took the secret informer with them and reached Near C-379 TC Camp, Raghubir Nagar, Delhi. There the secret informer pointed out towards one FIR No.430/22 State Vs. Vicky Page 4 of 7 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 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 IO and Ct. Rahul, he apprehended the accused persons namely Vicky 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 Vicky 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.
Accused person submitted that he do not dispute the identity of the case FIR No.430/22 State Vs. Vicky Page 5 of 7 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 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 - Vicky.
10. In view of above observations, accused person namely Vicky is convicted for the offence punished u/s U/s 12/09/55 Gambling Act in the present case FIR.
FIR No.430/22 State Vs. Vicky Page 6 of 7
Copy of this judgment be given dasti to the convict free of cost. Digitally signed by DEVANSHI
DEVANSHI JANMEJA
JANMEJA Date:
2022.09.20
12:24:02 +0530
Announced in the open Court (Devanshi Janmeja)
on this 19th Day of September, 2022 MM(West)-02/THC
19.09.2022
FIR No.430/22 State Vs. Vicky Page 7 of 7