IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 443 of 2007()
1. PAVANA AGENCIES,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.BABU PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/03/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.443 of 2007
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Dated this the 8th day of March 2007
O R D E R
The grievance of the petitioner is that inspite of the
undertaking given before this court in Crl.M.C.No.1983 of 2005
and other connected cases, prosecution against the petitioner
under the provisions of the Lotteries Regulation Act is continuing
unnecessarily. It is submitted that undertaking had been given
on behalf of the State that no action shall be taken to prosecute
the alleged offenders. The learned counsel for the petitioner
points out that in other similar cases, this court had already
taken the view as conceded by the Public Prosecutor that such
prosecutions can be quashed. The learned counsel relies
interalia on the decision in Crl.M.C.Nos.616/2006 and 1581 of
2004.
2. The learned Public Prosecutor was requested to take
specific instructions. The learned Public Prosecutor, after taking
specific instructions, concedes that the State has no objection in
the prosecution against the petitioner also being quashed in the
light of the undertaking already given.
Crl.M.C.No.443/07 2
3. I am satisfied that the prayer to quash the
proceedings can now be accepted, as conceded by the learned
Public Prosecutor.
4. This Criminal Miscellaneous Case is, in these
circumstances, allowed. The prosecution against the petitioner
in C.C.No.969/2004 before the Judicial First Class Magistrate
Court-I, Kochi shall stand quashed.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.443/07 3
Crl.M.C.No.443/07 4
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006