JUDGMENT :

M.R. MENGDEY, J.

1. By filing the present Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the Petitioners/Original Accused have challenged the judgment and order dated 10.4.2013 passed by the learned 4th Additional Sessions Judge, Bhuj at Kachchh in Criminal Appeal No. 32 of 2012.

2. The fact and circumstances giving rise to the present Application are such that; on 22.8.2008, at around 10:30 in the night, a secret information was received by the Police, that some persons are gambling with cards, and therefore, the Police Authorities had conducted a raid at that place, and it was found that the present Petitioners and other persons were playing cards at that place. The Police Authorities had seized the hard cash and dozen articles from the place, and an offence punishable under Section 12 of the Gujarat Prevention of Gambling Act, 1887 (“Gambling Act” for short) was registered against the present Applicants.

2.1 After conclusion of investigation, the Police authorities have filed charge-sheet against the present Petitioners in