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2018 Supreme(AP) 814

P.KESHAVA RAO
N. Mohan Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Challa Ajay Kumar.

ORDER :

1. Heard the learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondent-State.

2. The present revision is filed aggrieved by the orders passed in Crl. A. No. 32 of 2015 dated 11.09.2015 on the file of the Special Sessions Judge-cum-IV Additional Sessions Judge, Tirupathi, Chittoor District so far as the confiscation of Rs. 78,200/- to the State Government.

3. The facts in brief are that Sri T. Subbanna, Inspector of Police, Tirupathi Rural registered a case in Crime No. 118 of 2008 of Alipiri Police Station against the petitioners and others for the offences under Sections 3, 4, and 7 of the A.P. Gaming Act, 1974 (hereinafter referred to as "the Act"). After filing the charge sheet, the First Special Judicial Magistrate of Second Class, Tirupathi, taken cognizance of the above said offences and numbered the case as STC No. 294 of 2008. After trial, the learned Magistrate by orders dated 28.12.2011 held that A-1 and A-7, A-9 to A-18 and A-20 to A-32 are not guilty for the offences under Sections 3 and 4 of A.P. Gaming Act and accordingly they were acquitted under Section 255(1) Cr.P.C. However, the case property i.e. M.O. 1 cash of Rs. 78

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