Gautam Kumar Paul v. State Of West Bengal & ANR.

01.02.2023 Item No. 13 BR CRR 2859 of 2010 In the matter of: Goutam Kumar Paul ....... petitioner Mr. S. Sarkar ....... for the petitioner Mr. N. P. Agarwal, Mr. P. Bose ...... for the State Mr. Sarkar, learned counsel for the petitioner submits that he has no instruction. The criminal revision is pending for more than 12 years, therefore, I propose to dispose it of on merit taking help of the materials available with the record. Fact of the case in brief is that 71st Bangabhumi Super Draw of West Bengal State Lotteries was held on 5th February, 2006 and the winning ticket No. was D-223378 worth Rs. 10,00,000/-. After the result was declared, two claims were registered based on the identical ticket No.

which compelled the Director of State Lotteries, Government of West Bengal to forward the tickets for forensic examination and subsequently ticket No. D-223378 marked as Q2 was found to be genuine. The Director of State Lotteries informed the police about the alleged act committed by the petitioner. Having found cognizable offence being disclosed in the information Bowsbazar P.S. case No. 49 dated 12th February, 2007 was registered and police started investigation. The petitioner challenged the action of the State and preferred the application under consideration.

When prima facie it appears that the claim of the petitioner, based on the ticket Q 2 was not genuine and the police registered a case at the behest of the Directorate of State Lotteries for the purpose of investigation, I do not find any reason to throttle the investigation.

The criminal revision does not merit any consideration and is dismissed, however, without costs. The order of stay, if any, stands vacated.

Copy of this order be sent down to the learned Court below for information and necessary action.

Urgent certified copy if applied therefor, be supplied upon compliance of usual formalities.

(Siddhartha Roy Chowdhury, J.)