Full Judgment
In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.not M-16405 of 2013 (O&M) Date of decision:
13. 8.2013 Pawan Kumar and others ......Petitioners Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.R.S.Malhotra, Advocate, for the petitioneRs.Mr.Deep Singh, AAG, Punjab.
**** SABINA, J.
This petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.23 dated 13.2.2013 (Annexure P-5) under Sections 294-A/ 420 of the Indian Penal Code, 1860 and Sections 8/9 of the Lottery Regulation Act, 1998 (the Act for short) registered at Police Station Shimla Puri District Ludhiana and all the subsequent proceedings arising therefrom.
Learned counsel for the petitioners has submitted that no offence could be said to have been committed by the petitioners under the Act.
No person was found present in the Cyber Cafe of the petitioners at the time of alleged raid.
Learned State counsel, on the other hand, has opposed Devi Anita the petition and on instructions from Sub Inspector Lakhbir Singh, 2013.08.21 14:59 I attest to the accuracy and integrity of this document Chandigarh Crl.Misc.not M-16405 of 2013 (O&M) -2- has submitted that after thorough investigation of the case, challan has been presented in the Court.
Prosecution story, in brief, is that a secret information was received that the petitioners were cheating innocent persons by alluring them to gamble on the computer.
In the present case, after thorough investigation of the case, challan has been presented against the petitioneRs.It would not be just and expedient to scuttle the criminal proceedings at the very threshold.
Petitioners would be at liberty to take up all the pleas available to them at the time of framing of the charge.
Hence, no ground for interference by this Court is made out.
Accordingly, this petition is dismissed.
(SABINA) JUDGE August 13, 2013 anita Devi Anita 2013.08.21 14:59 I attest to the accuracy and integrity of this document Chandigarh