JUDGMENT 1. - Mr. Suresh Kumbhat for the petitioners, Mr. U C.S. Singhvi, Public Prosecutor. 2. I have heard learned counsel for the petitioner and the learned Public Prosecutor. 3. From the very finding of the learned Munsif & Judicial Magistrate it appears that the place where the accused are alleged to have been found playing cards was not a public place inasmuch as it was on the roof of a shop. Nobody could enter the roof unless the owner of the shop permitted to do so and, therefore, the roof cannot be deemed to be a public place. The offence under Section 13 of the Rajasthan Gambling Ordinance, 1949 can be made out only when the gaming is in a public street, place or thoroughfare. In my opinion, the present place involved in this case, cannot be deemed to be a public place and, therefore, the petitioners conviction cannot be maintained. 4. The revision is, therefore, allowed. The order of the learned Munsif and Judicial Magistrate, Nawa dated 24-3-87 is set aside. The petitioners are acquitted of the charge under Section 13 of the said Ordinance. The fine if paid, shall be refunded.Petitioner conviction cannot be maintained. *******