Nemmagaddasiva Rama Krishna , Srinivasa Rao , Siva v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.500 OF 2016 ORDER:

This revision is filed by the petitioner challenging the order dated 7.1.2014 passed in Crl.M.P.No.3990 of 2015 in C.C.No.132 of 2015 by the II Additional Judicial First Class Magistrate, Tenali, Guntur District.

The petitioner-A23 along with other accused was charge sheeted for the offence punishable under Sections 3 and 4 of the A.P Gaming Act. The petitioner filed the above Crl.M.P. seeking to return the property viz., an amount of Rs.2,10,000/- , seized from the scene of offence. The learned Magistrate dismissed the same. Aggrieved by the same, the present revision is filed.

Heard and perused the material available on record. From the material on record, it is obvious that the petitioner has not filed any proof to show that the amount sought to be returned belonged to him. The learned Magistrate dismissed the application filed by the petitioner on the ground that under Section 8 of the Gaming Act, on conviction of any person under the Gaming Act, the money seized from such persons is liable for confiscation and that the other accused admitted their guilt and they were convicted and that the petitioner has not filed any proof to establish that the said amount belonged him.

Considering the facts and circumstances of the case and the observations made by the learned Magistrate, this Court is not inclined to interfere with the order under revision. However, the learned Magistrate is directed to dispose of the above C.C. within a period of three months from the date of receipt of a copy of this order.

Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 20.6.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.500 OF 2016 DATED 20.6.2016 Nn