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2013 Supreme(Bom) 514

F.M.REIS
Jose Marie Albert Vales, alias Robert Vales – Appellant
Versus
District and Sessions Judge – Respondent


Advocates Appeared:
For the Petitioner:S.G. Bhobe with Ms. Ninotska Pimenta, Advocates.
For the Respondents: Ms. Milena Gomes e Pinto, Addl. Public Prosecutor.

Judgment :

Heard Shri S. G. Bhobe, learned Counsel appearing for the Petitioner and Ms. Milena Pinto, learned Addl. Public Prosecutor appearing for the Respondent.

2. The above Petition challenges an Order passed by the learned Sessions Judge dated 31.07.2012 in the Revision challenging the Order dated 29.02.2012 passed by the learned JMFC, Margao, in Criminal Case no. 380/S/03 dismissing the application dated 25.01.2012 filed by the Petitioner, came to be rejected.

3. The short point for consideration in the above Petition is what procedure is to be followed in proceedings which have been initiated at the instance of the learned Sessions Judge for offences punishable under Section 193 of the Indian Penal Code which is a warrant triable case otherwise than on police report.

4. Shri S. G. Bhobe, learned Counsel appearing for the Petitioner, pointed out that though the proceedings are to be considered as a warrant triable case otherwise than on police report, the learned Magistrate has gone to frame the charge and record the evidence of the Complainant. Learned Counsel further pointed out that though the Complainant has been examined, no other witness have been examined at the ins

















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