IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 OP.No. 12373 of 1998(W) ------------------------------------ PETITIONER: ------------------- MOHAMMED KHAN, LOTTARY AGENT, LUCKY CENTRE, UDAYA BUILDING, CHALA, TRIVANDRUM. BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) SRI.M.R.SUDHEENDRAN SRI.M.R.HARIRAJ RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, TAXES (H) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR. BY SPL. GOVERNMENT PLEADER SRI. D. ANILKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/02/2008 ALONG WITH CRMC NO. 10528 OF 2002 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.21573/1998 IN O.P.NO.12373/1998W DISMISSED 28/02/2008 SD/- A.K.BASHEER, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS) 122/TD DTD. 20/05/95 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE CHARGE IN CRIME NO.295/95 OF PERUMBAVOOR POLICE STATION, ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR. /TRUE COPY/ P.A.TO JUDGE Kss A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No.12373/98, Crl.M.C.No.10528/02, 10529/02, 3840/03, 3261/04, 1581/04, 2328/04, 1626/04, 419/05, 420/05, 2049/05, 2395/05, 2720/05, 2734/05, 2725/05, 2766/05, 2768/05 & 1983/05 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February 2008 JUDGMENT All these Criminal Miscellaneous Cases filed under Section 482 of the Code of Criminal Procedure, and the Original Petition filed under Article 226 of the Constitution are being disposed of by this common judgment, since the issue involved in them is one and the same. 2. Petitioners seek to quash the First Information Reports and the final reports, as the case may be, pending against them at various Police Stations and before the criminal courts of competent jurisdiction in the State, alleging commission of offences punishable under the Lotteries (Regulation) Act, 1988 (for short the Act) and also under the Indian Penal Code. 3. For instance, Perumbavoor Police had registered Crime No.297/95 against the petitioner in O.P.12373/98 under Section 188 IPC. Petitioners in majority of the Crl.M.Cs. are charged under Section 294(A), 406 and 420 IPC read with Section 34 O.P.No.12373/98, Crl.M.C.No.10528/02, 10529/02, 3840/03, 3261/04, 1581/04, 2328/04, 1626/04, 419/05, 420/05, 2049/05, 2395/05, 2720/05, 2734/05, 2725/05, 2766/05, 2768/05 & 1983/05 :: 2 :: IPC. Some other petitioners are charged with offences punishable under Section 4 and 7(3) of the Act. I do not deem it necessary to refer to the details of the charge levelled against each of the petitioners at length, in view of the order that I propose to pass in these cases. 4. Petitioners are stated to be distributors/dealers/sellers etc. of tickets of various lotteries organized and conducted by other State Governments and by the Royal Government of Bhutan. It is not in dispute that large number of appeals questioning the legality and validity of the action taken by the State of Kerala prohibiting sale, distribution, etc. of the lottery tickets of other States in Kerala are pending consideration before the Supreme Court. It is also beyond controversy that the State of Kerala had undertaken before the apex court not to register any FIRs in future, for violation of the provisions contained in the Act and also not to take any further steps with regard to the FIRs already registered against the petitioners and O.P.No.12373/98, Crl.M.C.No.10528/02, 10529/02, 3840/03, 3261/04, 1581/04, 2328/04, 1626/04, 419/05, 420/05, 2049/05, 2395/05, 2720/05, 2734/05, 2725/05, 2766/05, 2768/05 & 1983/05 :: 3 :: other similarly placed distributors/dealers. While recording the above undertaking given by the State of Kerala, their Lordships had ordered that whatever actions that had been taken “by way of sealing the premises or seizing of the equipments while acting on the FIRs already registered shall be undone”. The above undertaking and the consequential order passed by the apex court are still in force. 5. Sri.D.Anil Kumar, learned Government Pleader insists that these cases may not be heard and disposed of at this stage because the main issue is pending consideration before the Supreme Court. According to him, these cases can be considered only after the Supreme Court decides the issue once and for all. 6. I am unable to agree. In my view, there is no point in keeping these cases pending on the file of this court. Indisputably, any order that may be passed by this court shall be subject to the final decision to be taken by the apex court on the O.P.No.12373/98, Crl.M.C.No.10528/02, 10529/02, 3840/03, 3261/04, 1581/04, 2328/04, 1626/04, 419/05, 420/05, 2049/05, 2395/05, 2720/05, 2734/05, 2725/05, 2766/05, 2768/05 & 1983/05 :: 4 :: very same issues, apart from the other larger issues, involved in them. 7. The admitted position is that the crimes registered against the petitioners at various Police Stations and the final reports pending against some of them before the criminal courts, have been kept in limbo. The fate of these proceedings will depend on the final outcome of the cases pending before the apex court. Therefore, in my view the State is not likely to be prejudiced in any manner if these cases are disposed of with liberty to proceed with the proposed prosecutions subject to the final decision in the cases pending before the Supreme Court. Therefore, the First Information Reports registered against the petitioners at various Police Stations and the proceedings pending before the Criminal Courts which are under challenge in these petitions, are quashed. It is reiterated that it will be open to the State and/or its prosecuting agency to proceed with the respective crimes/cases in accordance with law O.P.No.12373/98, Crl.M.C.No.10528/02, 10529/02, 3840/03, 3261/04, 1581/04, 2328/04, 1626/04, 419/05, 420/05, 2049/05, 2395/05, 2720/05, 2734/05, 2725/05, 2766/05, 2768/05 & 1983/05 :: 5 :: subject to the final orders/directions that my be issued by their Lordships of the Supreme Court in the pending cases. Disposed of in the above terms. (A.K.BASHEER, JUDGE) jes