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PAVANA AGENCIES versus THE STATE OF KERALA

High Court of Kerala

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PAVANA AGENCIES v. THE STATE OF KERALA - Crl MC No. 443 of 2007 [2007] RD-KL 5022 (8 March 2007)

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

Crl.M.C.No.443 of 2007

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


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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