IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Crl.Rev.Pet.No. 2552 of 2008() ------------------------------ CMP.424/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... REVN. PETITIONER/COMPLAINANT: --------------------------------------- M.BHASKARAN NAIR, S/O.KUNJIRAMAN NAIR KOTTARATHUMPARA, AZHIKODE, KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH RESPONDENTS/ACCUSED & STATE: ---------------------------------------- 1. I.V.PRABHAKARAN, MAVILE VEEDU JOINT MANAGING TRUSTEE, FOREIGN RETURNEES CHARITABLE TRUST, AZHIKODE, KANNUR. 2. M.V.MUHAMMED NAJEEB, NEAR MEDICAL STORE MUTTAM, PAZHAYANGADI, KANNUR DISTRICT. 3. P.MUHAMMED SHAFI, NEELESHWARAM, THAIKADAPPURAM, KASARAGODE DISTRICT. 4. M.V.RAVEENDRAN, ARTIST, ANATAMI SECTION, PARIYARAM MEDICAL COLLEGE 5. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2552 of 2008 ========================== Dated this the 25th day of August, 2008. ORDER The revision petitioner, who was the complainant in a private complaint registered as C.M.P. No. 424 of 2008 before the Judicial First Class Magistrate-II, Kannur alleging an offence punishable under Section 420 IPC and various offences under the Lotteries Regulation Act, challenges the dismissal of the complaint by the learned Magistrate as per the impugned order dated 16.05.2008. The learned Magistrate has observed that on the very same set of allegations, the police had registered a case against the accused under Section 420 IPC and the said case is pending as C.C. No. 128 of 2008 before the very same Magistrate. The case of the petitioner is that the accused persons who were the former office bearers of the Kerala Gulf Returnees' Charitable Trust, had issued lucky coupons in the name of the organization promising gold ornaments etc. to the lucky winners and the same amounts to the offence under the Lotteries Regulation Act. The learned Magistrate has observed CRL.R.P. NO. 2552/2008 : 2: that the petitioner has not produced in support of his allegation any scrap of paper, much less, the lucky coupons allegedly issued by the accused. Hence, the learned Magistrate rightly dismissed the complaint. I see no reason to interfere with the said dismissal. However, it is made clear that the said dismissal will not preclude the petitioner from filing a proper complaint with proper supporting materials. This Crl.R.P. is disposed of as above. Dated this the 25th day of August, 2008. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 2552/2008 : 3: