An FIR lacks the necessary ingredients for prosecution when allegations are inherently improbable and do not meet the legal standards for the cited offences.

JUDGMENT :

B. BHATTACHARJEE, J.

1. This set of two criminal petitions has been filed challenging the FIR No. 0248/2023 dated 11-09-2023 by raising common ground and identical prayers have been made in both the petitions. Hence, both the criminal petitions are taken up together and disposed of by a common order.

1.1 Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. Abhishek K. Singh, learned Counsel appearing for the petitioner in Crl. Petn. No. 61 of 2024. Mr. S.P. Mahanta, learned Senior Counsel assisted by Mr. M. Lyngdoh, learned Counsel appearing for the petitioner in Crl. Petn. No. 60 of 2024 has adopted the submissions made by the learned Senior Counsel in Crl. Petn. No. 61 of 2024. Also heard Mr. N.D. Chullai, learned AAG assisted by Mr. E.R. Chyne, learned GA, appearing for the State-respondent in both the cases.

2. The petitioners in both the criminal petitions are engaged in lottery business of distribution, marketing and sale of state organized lotteries of the State of Sikkim and Nagaland in the State of Meghalaya.

3. On 11-09-2023, an FIR was registered by the Sadar Police Station, East Khasi Hills District, Shillong against the petitioners at the instance of the Director of Meghalaya State lottery vide FIR No. 0248/2023 under Section 406 /420/426/500/506/120B/ 34 IPC. The facts stated in the FIR reveal that M/s. Aspirestar Entertainment Networks Private Limited, Chennai and M/s. Woodchip Gaming Private Limited, Tezpur were appointed as distributors to conduct marketing and sale of all kinds of lottery schemes (online and paper lotteries) on behalf of the State of Meghalaya under the relevant provisions of Meghalaya Lottery (Regulation) Rules, 2019 by agreements dated 16-09-2022 and 31-08- 2022 respectively. The information regarding the appointment of the distributors was also communicated to the Directorate of State Lotteries in various States. Subsequently, a lottery draw scheme was formulated by the State of Meghalaya for conducting lottery draw and the first draw was held on 30-08-2023 under the name ‘Singham Wednesday Weekly Lottery’. The allegations against the petitioners in the FIR are that they have conspired together and indulged in illegal activities of criminally intimidating, threatening, coercing and causing undue influence on the stockist and sub-stockist and others in order to destroy the competition since the petitioners are practicing monopoly in the field of lottery. The petitioners have been unlawfully preventing the official distribution and business of the Meghalaya State Lotteries continuously through various illegal means of criminally threatening and also by manipulating stockist with false and defamatory information to curtail the distribution of the Meghalaya State Lottery at Police Bazar, Shillong and other parts of Meghalaya and other States viz., West Bengal, Punjab, Maharashtra etc. The FIR also alleged that the petitioners together with henchmen and gangster gave continuous and serious threat to the stockist, sub-stockist and others preventing them from carrying out the business with the Meghalaya State Lottery causing huge loss to the State, approximately to the tune of Rs.1500 crores and the loss caused was diverted to the income of the company owned by the petitioners. Further, it was alleged that the petitioners were strenuously spreading defamatory and false information in person and also through electronic mode against the lottery business of Meghalaya State lottery with the intention to cause fear among the stockist and others in order to gain undue advantage. The illegal activities of the petitioners prevented the stockist from carrying out lottery business with the State of Me