THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1831 OF 2011 DATED 1st MARCH, 2011. BETWEEN : A.Suresh & others … Petitioners-accused and The State of A.P. … Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1831 OF 2011 ORDER: This Criminal Petition is filed by the petitioners-accused challenging the judgment dated 25.02.2011 rendered in Criminal Revision Petition No.52 of 2009 by the Metropolitan Sessions Judge, Vijayawada, confirming the conviction and sentence passed in S.T.C.No.21 of 2007 by the I Additional Chief Metropolitan Magistrate, Vijayawada, wherein the petitioners were convicted under Section 255 (2) Cr.P.C. and sentenced to undergo simple imprisonment for three months each and to pay a fine of Rs.100/- each in default to suffer simple imprisonment for 15 days each for the offence punishable under Section 9 (1) of A.P. Gaming Act. Heard. After arguing for sometime, the learned counsel for the petitioners by not pressing the main prayer confined his arguments only to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioners in imposition of sentence. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the occurrence took place in the year 2007 and for all these years the petitioners suffered humiliation and also stigma in the society. It is represented that the petitioners are the sole breadwinners of their respective families and have to look after the welfare their family members. In these circumstances and after lapse of all these years, this Court is of the view that there is no necessity to send the petitioners to prison. Accordingly, the conviction imposed on the petitioners-accused by the learned I Additional Chie Metropolitan Magistrate, Vijayawada, in S.T.C.No.21 of 2007 and as confirmed by the learned Metropolitan Sessions Judge, Vijayawada, in Criminal Revision Petition No.52 of 2009 is hereby confirmed. However, the sentence of imprisonment imposed on the petitioners for the offence under Section 9 (1) of A.P. Gaming Act is hereby reduced to that of the period already undergone by the petitioners in prison. Fine amount imposed on the petitioners is not interfered with. Petitioners shall be released forthwith, if they are not required in any other case. Remaining portion of the impugned judgment shall stand unaltered. With above modification, the Criminal Petition is allowed. ________________________ JUSTICE RAJA ELANGO Dated : 01.03.2011 sur