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Joginder Sansanwal Vs. State and ors

Joginder Sansanwal vs State and ors

Type Court Judgment Court Delhi Decided Dec 07, 2010
~2 min read
https://sooperkanoon.com/case/906764

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Crl.MC No.2508/2010
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

[A.N. VENUGOPALA GOWDA J.] This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to call for entire records in O.S,No,8698/2006 on the file of City Civil Judge at Bangalore,

Key legal issue
Criminal
Acts & sections
Code Of Criminal Procedure (Cr.P.C) - section 482,

Parties & Advocates

Appellant / Petitioner

Joginder Sansanwal

Advocate Mr. L.S. Chaudhary, Adv

Respondent

State and ors

Advocate Mr. Sunil Sharma, Adv.

Legal References

Acts
Code Of Criminal Procedure (Cr.P.C) - section 482,

Excerpt

[a.n. venugopala gowda j.] this writ petition is filed under articles 226 & 227 of the constitution of india praying to call for entire records in o.s,no,8698/2006 on the file of city civil judge at bangalore,1. whether reporters of local papers may be allowed to see the judgment?2. to be referred to the reporter or not?3. whether judgment should be reported in digest? 1. by this petition under section 482 cr.p.c read with article 227 of the constitution of india, the petitioner has assailed an order dated 9th march, 2010 passed by learned mm, new delhi whereby he dismissed a complaint of the petitioner holding that no offence against the accused persons was made out.2. a perusal of complaint and the order of the learned mm would show that as per the allegations of the petitioner, the petitioner was induced into horse racing and betting by the respondent no.2 and the petitioner lost considerable amount in racecourse and in purchasing a horse. the learned trial court came to conclusion that giving advice to put bet on horse racing does not amount to cheating. i consider that the learned trial court rightly came to conclusion that no offence of cheating was made out in this case. if the crl. mc no.2508/2010 page 1 of 2 petitioner had not been interested in betting and earning easy money through betting, the petitioner would not have sought advice of accused. the very fact that the petitioner sought advice of the respondent and petitioner could be induced into horse racing or purchase of a horse for racing and actively participated in betting, shows that the petitioner himself was responsible for his woes. the complaint filed by the petitioner against the respondents was rightly dismissed by the learned mm being not maintainable. there is no force in this petition. the petition is hereby dismissed.

Full Judgment

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

1. By this petition under Section 482 Cr.P.C read with Article 227 of the Constitution of India, the petitioner has assailed an order dated 9th March, 2010 passed by learned MM, New Delhi whereby he dismissed a complaint of the petitioner holding that no offence against the accused persons was made out.

2. A perusal of complaint and the order of the learned MM would show that as per the allegations of the petitioner, the petitioner was induced into horse racing and betting by the respondent no.2 and the petitioner lost considerable amount in racecourse and in purchasing a horse. The learned trial court came to conclusion that giving advice to put bet on horse racing does not amount to cheating. I consider that the learned trial court rightly came to conclusion that no offence of cheating was made out in this case. If the Crl. MC No.2508/2010 Page 1 Of 2 petitioner had not been interested in betting and earning easy money through betting, the petitioner would not have sought advice of accused. The very fact that the petitioner sought advice of the respondent and petitioner could be induced into horse racing or purchase of a horse for racing and actively participated in betting, shows that the petitioner himself was responsible for his woes. The complaint filed by the petitioner against the respondents was rightly dismissed by the learned MM being not maintainable. There is no force in this petition. The petition is hereby dismissed.

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