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2018 Supreme(Bom) 7

SHANTANU S.KEMKAR, NUTAN D.SARDESSAI
Pradeep Ramchandra Velip – Appellant
Versus
State of Goa, through Police Inspector – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ryan Menezes
For the Respondents: Mr. S.R. Rivonkar

JUDGMENT :

Shantanu S. Kemkar, J.

This Criminal Misc. Application (Main) has been filed under Section 482 of the Criminal Procedure Code 1973 (for short “Cr.P.C.”) for quashing and setting aside the Order dated 9th July 2013, passed by the Judicial Magistrate, First Class, at Margao in Criminal Misc. Application No.990/2012/D, as also the Judgment & Order dated 23rd September, 2016, passed by the Additional Sessions Judge, South Goa, at Margao in Criminal Revision Application No.80/2013/I, allowing the application filed under Sections 155 and 156 of the Cr.P.C., by the third respondent Peter Luis, by directing the Police to register the complaint dated 4.12.2012 filed by him against the Petitioner for commission of the alleged offences under Sections 341, 506, 337, 182 and 211, read with Section 34 of the Indian Penal Code and investigate same.

2. The Petitioner, at the relevant time, was working as a Police Sub-Inspector at Maina-Curtorim Police Station. According to him, on 26th November 2012 at about 3.50 hours he was on night round patrolling duty/vehicle checking. On reaching Ramnagar Junction, Mugalli, Salcete, from Nessai side, he noticed two persons standing near a motorcycle















































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