IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-28891 of 2009 Date of decision: 13th October, 2010 Surinder @ Surinder Kumar … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Amandeep Singh Manaise, Advocate for the petitioner. Mr. Raghbir Chaudhary, Sr. DAG Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner was tried in a case FIR No.93 dated 11.09.2005 registered at Police Station City Gurdaspur under Section 13 of the Gambling Act. In the impugned FIR, the Court of Judicial Magistrate (1st Class), Gurdaspur held the petitioner guilty of the offence and imposed a fine of Rs.50/-. The petitioner, after making payment of the fine, preferred an appeal in the Court of Additional Sessions Judge, (Adhoc) Fast Track, Gurdaspur, which was dismissed being non-maintainable. Counsel for the petitioner states that a request was made to the appellate Court to treat the appeal as a revision, but the same was not considered by the appellate Court. Learned counsel states that the appeal was filed within time. After hearing counsel for the parties, this Court is of the opinion that the Additional Sessions Judge (Adhoc) Fast Track, Gurdaspur ought to have treated the appeal as a revision and decided the same on merits. Criminal Misc. No.M-28891 of 2009 Accordingly, the order (Annexure P-2) dated 1st June, 2009 is hereby set aside and the Criminal Appeal No.154 of 2008 is ordered to be treated as a revision petition and the same shall be decided in accordance with the provisions of law. The Additional Sessions Judge (Adhoc) Fast Track, Gurdaspur shall decide the revision petition within a period of two months from the date of receipt of a certified copy of this order. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE October 13, 2010 rps 2