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2016 Supreme(Bom) 299

F.M.REIS, K.L.WADANE
Pradeep Ramchandra Velip – Appellant
Versus
State of Goa, Through Police Inspector – Respondent


Advocates:
Advocate Appeared:
Mr. Ryan DA Piedade Menezes, Advocate for the petitioners.
Mr. M. Amonkar, Additional Public Prosecutor for the respondent nos. 1 and 3.

JUDGMENT : (Per K.L.Wadane, J.)

1] The petitioner has challenged the orders passed by the Judicial Magistrate First Class, 'D' Court Margao Goa in Criminal Misc. Application No.990/2012 dated 9th July, 2013 and the order passed in Criminal Revision Application No.80/2013 by the Additional Sessions Judge, South Goa, Margao dated 15.4.2015.

2] Heard Mr. Ryan DA Piedade Menezes, learned Advocate appearing for the petitioner and Mr. M. Amonkar, learned Public Prosecutor appearing for the respondent nos. 1 and 3.

3] Rule. Rule returnable forthwith. Heard by consent of learned Advocates appearing for the parties. Mr. Amonkar, the learned Public Prosecutor waives notice on behalf of the respondent nos. 1 and 3.

4] The brief facts may be stated as follows:-

The respondent no.2 filed First Information report dated 4th December, 2012 against the present petitioner and other 12 police personnel with the allegations that they abused the respondent no.2 with the bad words wrongfully confined him and had restrained and also assaulted him. Since, no cognizance was taken of the said complaint, he was forced to file a second complaint under Section 152 of the Code of Criminal Procedure to the Superin







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