Petitioner sought to quash F.I.R. under Lottery Regulation Act contending matter is pending before Supreme Court. Court refused to quash but permitted raising maintainability contentions before lower court and avoided keeping case pending for SC judgment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS.JUSTICE K.HEMA
FRIDAY, THE 16TH DAY OF OCTOBER 2009/24TH ASWINA 1931 Crl.MC.No. 1516 of 2006 ( ) --------------------------(CRIME NO. 1516 OF 2006 OF OLLUR POLICE STATION)
PETITIONER(S)/6TH ACCUSED:
KANNAN, S/O.BALAN, AGED 37 YEARS, PULINKUZHI HOUSE, THAIKATTUSSERY THRISSUR.
BY ADV. SRI.K.I.SAGEER
COMPLAINANT(S)/COMPLAINANT:
STATE OF KERALA, SUB INSPECTOR OF POLICE OLLUR POLICE STATION (CRIME NO.185/2006) REP. BY SUB INSPECTOR OF POLICE HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. P.A. SALIM
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-10-2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K. HEMA, J.
-----------------------------------------------------------Crl.M.C. No.1516 of 2006
------------------------------------------------------------Dated this the 15th day of October,2009
ORDER
This petition is filed to quash the F.I.R. on the basis of which crime is registered against petitioner and others. Petitioner is the 6th accused in the crime.
[Crl.M.C.No.1516/2006]
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[Crl.M.C.No.1516/2006]
permitted the institution of criminal complaint for violation of Section 4 of Lotteries Act etc., notwithstanding the direction issued by the Supreme Court. It was under such circumstances that cases were registered against retailers.
[Crl.M.C.No.1516/2006]
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Single Bench of this Court to the effect that criminal prosecution can be launched in a case of this nature. Therefore, I do not find any ground to quash the complaint. However, petitioner will be at liberty to raise the same contentions regarding maintainability of the prosecution. I need not keep this case pending, awaiting order from the Supreme Court in the matter. It is needless to say that petitioner will be entitled to the benefit of any order that may be passed by the Supreme Court in the matter.
This petition is disposed of.
Sd/- K. HEMA, JUDGE .
krs.
2 issues framed by the court
Whether the F.I.R. should be quashed since the prosecution was launched based on a direction by a Single Bench while the Supreme Court hearing on the same issue was pending.
Whether the matter should be kept pending in view of the decision awaited by the Supreme Court in a similar matter.
2 provisions across 2 enactments
KANNAN
STATE OF KERALA
K. HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
