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2009 Supreme(Gau) 774

P.K.MUSAHARY
Karan Luthra – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:J.M. Choudhury, A.K. Agarwal, R.M. Khengton, S.P. Mahanta and R. Thapa, Advocates
For Respondents/Defendant:K. Sunar, Advocate

JUDGMENT

P.K. Musahary, J.

1. Heard Mr. H. Abraham, learned Counsel, appearing for the petitioner and also heard Mr. K. Sunar, learned Addl. P.P. Meghalaya.

2. The petitioner has filed this application under Section 482 read with Section, 401 and Section 397 of the Code of Criminal Procedure, 1973 for quashing the proceeding in GR Case No. 28 (S) of 2007 pending in the court of the learned Chief Judicial Magistrate, Shillong and also for setting aside and quashing the impugned orders dated 16.9.2008 and 3.11.2008 passed by the learned Chief Judicial Magistrate, Shillong in the said proceeding.

3. The facts in brief, for the purpose of disposal of this matter, are that the Government of Meghalaya introduced the State Lottery in 1982 with an object of mobilising additional resources and it appointed the petitioner as Organising Agent by executing an agreement dated 4.6.1982. The said appointment was extended by executing 2 other agreements dated 5.6.1985 and 26.4.1988. The petitioner failed to submit returns of prizes as per the terms/clauses of the agreement. He rather disputed the amount payable to the Government. An arbitrator was appointed by the Government and an award was passed on










































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