The prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient to sustain charges of cheating and forgery.

ORDER

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “ Cr.P.C .”) / 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”) is filed seeking to quash of proceedings in Sessions Trial Case No.41/2025 on the file of learned District and Session Judge, Ujjain.

02. The petitioner in the above Sessions Trial Case No.41/2025 on the file of learned District and Session Judge, Ujjain.

03. Heard Shri Shantanu Sharma, learned counsel for the petitioner and Shri Apoorv Joshi, learned Public Prosecutor for the State.

04. The facts of this case, in brief, are that : Shri S.I. Pratik Yadav, Cyber Cell, Ujjain is the de facto complainant presented the report bearing No.Q/2024 dated 14.06.2024 to the Office of Deputy Superintendent of Police, Crime Branch, Ujjain, which was entered in arrival No.1416 of 2024 of the incoming and outgoing register of Police Station, Neelganga, Ujjain dated 14.06.2024. Further stated that as per the information received from the informer, on 13.06.2024 one Piyush Chopra, a resident of Musaddipura Police Station Barakuna, Ujjain is operating cricket betting on the large scale situated on the first floor of his duplex house bearing H.No.18 located in 19, Dreams Colony, the petitioner (Piyush Chopra) is operating betting by keeping many people in his house and on the basis of fake documents, by taking fake sim cards in different names, they are placing bets from those numbers in view of the match between Bangladesh and Netherlands in the T-20 World Cup, 2024. On receipt of information, the Inspector of Police secured the presence of Kapil Sehgal and Gulshan Chaudhary as Panchas and Pratik Yadav, S.I. of Police along with team of Cyber Cell, Ujjain and Crime Branch reached the house of petitioner (Piyush Chopra) and conducted raid. They have found 09 persons on the first floor, they are working on computers, laptops and mobiles. The team ascertained their names and found that they are working on laptops and took them to custody and they have told that all are jointly placing bets ongoing Bangladesh and Netherlands T-20 World Cup, 2024. This betting is being run by petitioner (Piyush Chopra), he has paid the salary to them, they are placing bets on win or loss on website named LONDONEXCH9.C OM on the monitor and the laptop screen. The names of bookies are visible on the screen in codewords BA, SU, MP, PAUL etc., they were arrested and panchnama was prepared on the spot in the presence of panchas after confirmation of online betting. They have seized many electronics items like pen-drives, iphones, other mobiles, sim cards and cash and the seizure report / panchnama was prepared on the spot and ascertained the names of the persons, who are take them to the custody and mentioned their names in the panchnama, they were arrested as per arrest-cheet before panchas. While inquiry, they have stated that the entire set up for running the betting was established by petitioner (Piyush Chopra), he provided all the mobile phones, sim cards and systems etc., they do not know on whose names the sim cards were issued. The memorandum of statement was duly made under Section 27 of Indian Evidence Act and seized huge amount of cash and other electronic items from them. The petitioner / accused fled away from his house. After seizure proceedings, persons namely Rohit Singh, Gurpeet Singh, Mayur Jain, Satpreet Singh, Akash Masihi, Chetan Negi, Harish Teli and Gaurav Jain arrested separately, brought them to Police Station Neelganga, Ujjain handed over to HCM PR 74 Birendra Dubey and kept in Maalkhana for safe custody and registered the panchnama as FIR in Crime No.248/2024 dated 14.06.2024 for the offences punishable Section 419, 420, 467, 468 , 109 and 120-B of Indian Penal Code, 1860 (for short “ IPC ”), Section 3/4 Public Gambling (Madhya Pradesh) Act, 1976 and Section 66-D of Information Technology (Amendment) Act, 2008 and affected them for arrest and sent them for remand. T