THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.4934 of 2009 Date: 14.02.2011 Between : Surapaneni Ramprasad, S/o.Laxmipermalu … Petitioner/Accused And 1. The State rep. by the Station House Officer & 2 others. … Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4934 of 2009 ORDER: The petitioner is an advocate practicing at Vijayawada. He is accused of offence punishable under Section 9(1) of the A.P. Gaming Act along with eight others in STC.No.4 of 2008 on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada. It is alleged that on 06.08.2007 at 17.00 hrs., when the Police, along with mediators went to a place by the side of house of Koneru Gopal, which is a public place in Gunadala, Ashoka Gardens, Vijayawada, they found all the accused playing cards by way of ‘Kothamukka’ by betting money and that it is a game of chance and that on seeing the police party, all the accused tried to run away from the place, but they were arrested. It is contended by the Petitioner’s counsel that, the place where the alleged playing of cards is stated to have been going on, is stated to be a place by the side of house of Koneru Gopal and that the said place may be a private place or a house property and it is not definite from the allegations in the charge sheet that, it is a public place and that unless it is a public place, the question of application of Section 9(1) of the A.P. Gaming Act will not arise. In the charge sheet, it is definitely stated that it is a public place by the side of house of Koneru Gopal. What is the nature of that place and its description and whether it is a public place or not, is a question of fact which this Court cannot go into and decide in this petition under Section 482 Cr.P.C. It is a matter to be decided by the lower Court after the evidence is let in by all the parties concerned. In view of specific mention of the place as a public place in the charge sheet, I am of the opinion that this is not a fit case for quashing the proceedings in the lower Court. In the result, the petition is dismissed. __________________________ SAMUDRALA GOVINDARAJULU, J Dt: 14th February, 2011 ysk HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4934 of 2009 DATED:14.02.2011 ysk