P K KRISHNASWAMY Vs. STATE OF MADRAS

JUDGEMENT

(1.) In this Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, the petitioners, who are two in number, have requested this Court to call for the records in C.C. No. 34 of 1989 on the file of the Judicial Magistrate II, Nagercoil, and quash the said proceedings against them.

(2.) The necessary facts for the disposal of this Criminal Original Petition are: The respondent/Sub Inspector of Police, Vadasery, filed a charge-sheet in C.C. No. 34 of 1989 before the Judicial Magistrate II, Nagercoil, against the petitioners for an offence punishable under Section 3 of the Tamil Nadu Prize Schemes (Prohibition) Act, 1979, hereinafter referred to as the Act, and Section 34 IPC. According to the prosecution, petitioner No.1 is the owner and petitioner No.2 is the Manager of Bombay Textile Exhibition, doing their business at Tower View Lodge premises and they were conducting sale of textiles under the prize scheme by advertising through pamphlets and using coupon, which is prohibited under the Act, and therefore, they have committed an offence, punishable under Section 3 of the Act, read with Section 34 IPC. The matter is pending before the Judicial Magistrate II, Nagercoil, in C.C. No. 34 of 1989. The said proceedings has been questioned by the accused/petitioners in this Criminal Original Petition.

(3.) Heard the learned Advocate for the petitioners and the learned Government Advocate on behalf of the State/Respondent.