( 1 ) THIS case has been referred to a Division Bench by our learned brother Manoher Pershad, J. , as it involves an important question of law relating to the interpretation of section 13 of the Madras Gaining Act, 1930. This is an appeal by the State Government against an order of acquittal passed by the First Class Bench Magistrate, Gudivada, in Calendar Case No. 8 of 1956 on his file.

( 2 ) THIS case reveals a regrettable state of affairs and depicts the non-co-operative attitude adopted by some police officers in the conduct of criminal cases before magistrates. The facts are as follows :- on 27th January, 1956, the Sub-Inspector of Police, Gudivada Town, filed a charge-sheet against the respondent in the Court of the First Class Bench, gudivada, under section 12 of the Madras Gaming Act alleging that on 26th january, 1956 at about 4 P. M. , the respondent was found gaming with cards and money along with some others in Pedayerukapadu fields at Gudivada. Three witnesses were cited for the prosecution : (1) Shri A. Ramasodana Rao, C. I. of police Gudivada Town, (2) Shri M. Srimannarayana, S. I. of Police, C-1 station (he was the Station House Officer who laid the c