AkHCOI 0375102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY { TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 796 OF 202^ Between: 1. Jupalli Acharao, S/o.Achaiah, aged about 54 years, R/o.Darsi Village and Mandal, Prakasam District. 2. Korella Srinivasa Rao, S/o.Venkateswarlu, aged about 40 years R/o.Thota Vengannapalem Village, Thallur Mandal, Praksam District. ...Petitioners/Accused No.1 & 3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Complainant Revision filed under Sections 438 and 442 of BNSS against the on the file of the Judgment, dated 17-06-2025 passed in STC No. 167 of 2025 Judicial Magistrate of First Class-cum-Civil Judge (Junior Division), Darsi. FAC; Special Judicial Magistrate of Second Class Darsi, Prakasam District. lA NO: 2 OF 2025 Petition filed under Section 438 (1) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the sentence imposed in STC No. 167 of 2025 on the file of the Judicial Magistrate of First Class Civil Judge (Junior Division), Darsi: FAC:Special Judicial Magistrate of Second Class, Darsi pending disposal of the Criminal Appeal. Counsel for the Petitioners: SRI P.NAGENDRA REDDY Counsel for the Respondent: Ms.P.AKHILA The Court made the following Order: -cum- APHCd 0375102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 796/2025 Between: Jupalii Acharao and others ' ...PETITIONER{S) AND The State of Andhra Pradesh Counsel for the Petitioner(S): P Nagendra Reddy Counsel for the Respondent: Public Prosecutor The Court made the following: ORDER: ...RESPONDENT This Criminal Revision Case has been filed challenging the judgment dated 17.06.2025 in S.T.C.No. 167/2025 (Petty Case Nos.'12 of 2025 to 14 of 2025 of Mundlamuru Police Station) on the file of the learned Judicial Magistrate First Class-Cum- Civil Judge (Junior Division), Darsi convicting the Petitioners for the offence under Section 9(1) of the A.P.Gaming Act, 1974 (for brevity ‘the AcL’J and sentencing them to suffer simple imprisonment for one month along with the other accused (A2). 2 Dr.YLRJ ! Crl.R.C.No.662bf2025 19.06.2025 Petitioners submits that without resorting to impose fine, at first time. The learned Trial Court on the suggestion concerned that if they pleads guilty they would 2. Sri P. Nagendra Reddy, learned Counsel for the the learned Trial Court imposed sentence wi the Petitioners as were indulged in commission of the offence Petitioners admitted guilty before the given by the Court constable be sentenced to fine only. It is further submitted that there 3. were no adverse antecedents against sentence of one month imprisonment is unwarranted. A sentence of fine of Rs.300/- would the Petitioners and imposition of highly disproportionate and have .met the ends of jusiice and urged to dispose of the Revision Case Ms. P. Akhila, learned Assistant Public 4. Prosecutor, submits that there , the learned Magistrate proportionately exercised the discretion in imposing sentence of no adverse antecedents against the Petitioners are would have fine instead of sentence of imprisonment. 5. Thoughtful consideration is bestowed on the the learned Counsel for both sides. 6. Now the point for consideration i arguments advanced by I have perused the entire record. is; “Whether the judgment in S.TC.No.167 of 2025 detf^d Cum-Cvil Judge (Junior Divison), Darsi, is correct legal and proper with respect to itsJinding, sentence, orJudgment, Ld there are any material irregularities? And to what relief?” 7. As seen from, the record, the Petitioners indulged in commission of offence - gambling called Kothamukka by betting and other Accused were found under Section 9(1) of ‘the Act.,’ by playing money. The Petitioners and other 3 Dr.YLR.J Crl.R.C.No.662 of 2025 19.06.2025 Accused were produced before the learned Magistrate before whom they pleaded guilty. The learned Magistrate observed that the confession of the Petitioners and other Accused were free and voluntary. While sentencing the Petitioners, the learned Magistrate has not recorded any aggravated circumstances exist against the Petitioners. It is not mentioned that the Petitioners had indulged in a similar offence on earlier occasion. The Petitioners are aged about 54 and 40 years respectively and are doing business. There is no reference in the impugned judgment about the adverse prior antecedents prevalent against the Petitioners. Section 9(1) of ‘the Act.,’empowers the learned I rial Uourt to impose a 8. sentence of three months imprisonment or fine which may extend to Rs.300/- or both. In view of absence of adverse antecedents against the Petitioners, the 9. imposition of sentence of one month imprisonment is highly disproportionate and it would have been confined to sentence of fine of Rs.300/-. For the above reasons, the Criminal Revision Case is disposed of, 10. maintaining the conviction for the offence under'Section 9(1) of ‘the Act.,’while setting aside the sentence of imprisonment of one month and imposing fine of Rs.300/- on the Petitioners. The fine amount shall be paid with a period of one month from the date of receipt of copy of this order before the learned Trial Court, failing which the Petitioners shall suffer 15 days imprisonment. 4 [5r.YLR,J^ CrI. R. C. No. 662 of 2025 19.06.2025 11. The Judicial Magistrate First Darsi is directed to take costs. Class-Cum- Civil Judge (Junior required follow-up steps In this regard. No order Division) as to As a sequel; interlocutory applications - if any pending, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The Judicial Magistrate of First Class Darsi, FAC, Special Judicial Prakasam District. 2. The Station House Officer, District. 3. One CC to Sri P.Nagendra Reddy, Advocate [OPUC] 4. Two CC's to the Public Prosecutor Amaravati [OUT] 5. Two CD Copies -cum-Civ.'l Judge (Junior Division) Magistrate of Second Class, Darsi, Mundlamuru Police Station, Prakasam High Court of Andhra Pradesh at BSV vna Y 'S HIGH COURT DATED;24/07/2025 ORDER CRLRC NO. 796 OF 2025 DISPOSING OF THE CRIMINAL REVISION CASE WITHOUT COSTS