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2014 Supreme(Bom) 1403

A.R.JOSHI
Francisco Xavier @ Mickky Pacheco – Appellant
Versus
State of Goa, by the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:S. D. Lotlikar, Senior Advocate with M. Furtado, Amicus Curiae.
For the Respondents:R1, S. R. Rivankar, Public Prosecutor, R2, S.G. Dessai, Senior Advocate with A.V. Pavithran, Advocate, M. Pinto, Additional Public Prosecutor.

Judgment :

1. Rule. Rule made returnable forthwith. By consent of the parties both the writ petitions are taken for final hearing and disposed at the admission stage itself.

2. Heard learned Amicus Curiae Senior Counsel Shri S.D. Lotlikar, appointed by this Court to assist the Court in Suo Motu Writ Petition No.1/2013. Also heard learned Senior Counsel Shri S.G. Dessai in Writ Petition No.101/2013, representing the writ petitioner, the original accused. Also heard Prosecutors representing the State in both the writ petitions.

3. At the threshold, it must be mentioned that the Writ Petition No.1/2013 is a Suo Motu Writ Petition taken up by this Court by giving suitable directions vide order dated 24/01/2013 (Coram : F.M. Reis, J.). Said directions were given in two proceedings filed before this Court, one being Criminal Revision Application No.49/2012 and another one being Criminal Writ Petition No.9/2013. In both these proceedings filed by the private individuals, not concerned with the matter, prayer was made to this Court to Suo Motu take up the cognizance of the judgment passed by the learned Additional Sessions Judge, South Goa, Margao in Criminal Revision Application No.78/201


















































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