Orgnl. Suit Nos. 1 of 2002 and 3 of 2003, C.A. No. 1513 of 2005, Compt. Pet. (C) No. 78 of 2002, Compt. Pet (Crl.) No. 3 of 2002 and Crl. A. Nos. 927, 928, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943 and 944 of 2012. Case: State of Nagaland Vs Union of India. Supreme Court (India)
| Case Number | Orgnl. Suit Nos. 1 of 2002 and 3 of 2003, C.A. No. 1513 of 2005, Compt. Pet. (C) No. 78 of 2002, Compt. Pet (Crl.) No. 3 of 2002 and Crl. A. Nos. 927, 928, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943 and 944 of 2012 |
| Judges | H.L. Dattu, R.K. Agrawal and Arun Mishra, JJ. |
| Issue | Lotteries (Regulation) Act, 1998; Code of Criminal Procedure (CrPC.), 1973 - Section 482; Indian Penal Code 1860, (IPC); Constitution of India - Article 131; Punjab State Lottery Rules, 1999 - Rules 6A, 6B |
| Citation | 2014 (8) SCALE 652 |
| Judgement Date | July 15, 2014 |
| Court | Supreme Court (India) |
Judgment:
ORIGINAL SUIT NO. 3 OF 2003:
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Shri K. Parasaran, learned senior Counsel for the Plaintiff seeks permission of this Court to withdraw the Original Suit. Permission sought for is granted.
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The Original Suit is disposed of as withdrawn.
ORIGINAL SUIT No. 1 OF 2002:
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This Original Suit is filed by the Plaintiff under Article 131 of the Constitution of India, inter alia, requesting this Court to issue an order of injunction to restrain the Defendants/Respondents-State of Punjab and its authorities from prohibiting online lottery by the State of Sikkim in the State of Punjab and also the validity of Rules 6A and 6B of the Punjab State Lottery Rules, 1999 as illegal.
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In view of the subsequent developments that have taken place in the State of Punjab, Shri Mariarputham, learned senior Counsel, on instructions, seeks leave of the Court to withdraw the Original Suit with liberty to file a fresh suit in the event that the State of Punjab and/or its authorities restrain the State of Sikkim from operating their online lottery in the State of Punjab.
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Permission sought for is granted. The Original Suit is disposed of as withdrawn with liberty to file a fresh suit in the event that the State of Punjab and/or its authorities restrain the State of Sikkim from operating their online lottery in the State of Punjab.
CRIMINAL APPEAL No. 927 OF 2012:
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For the sake of convenience, we are taking Criminal Appeal No. 927 of 2012 as the lead case in this group of appeals.
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This appeal is directed against the common judgment and order passed by the High Court of Kerala at Ernakulam in Crl.M.C. No. 10528 of 2002 dated 28.02.2008 filed under Section 482 of the Code of Criminal Procedure, 1973.
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The learned Judge, while exercising his powers under Section 482 of the Code of Criminal Procedure has kept in his view the pendency of some of the matters arising out of the provisions of the Lotteries (Regulation) Act, 1998 (for short 'the Act') and the also under the provisions of the Indian Penal Code, 1860 (for short, "the IPC").
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While quashing the First Information Report registered by the various police authorities against the Respondents-herein, the Court has observed as under:
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...
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