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 (Bajaj XCD, GA-08-J-4335). On suspicion, he questioned them about their presence at the spot at Vs. such odd hours. On being questioned, the said persons attempted to flee from the spot, but their attempt to flee was thwarted by him and the Police Constable who was accompanying him. The Constable and the Petitioner apprehended them and on further questioning about their identity, both of them started giving evasive and irrelevant replies. They avoided to show the driving licence and other papers of the motorcycle and became aggressive and started arguing and abusing the Petitioner. In the meantime, another person arrived at the spot on a motorcycle stating that the rider of the earlier motor cycle was his brother Peter Luis (respondent No.3) and the pillion was his friend Francis. All the three persons then charged towards the Petitioner and started pushing him, using criminal force. At that point of time, other police staff arrived in a TATA Sumo Jeep. On seeing the additional police arriving at the spot, the third respondent caught hold of the left side shoulder flap of the Petitioner and threw him on the road, and all of them fled in different directions.

3. An FIR was lodged qua the incident against the said three persons and the case was investigated by PSI Shri R.D. Dessai. On 27th November 2012, the third respondent Peter Luis, Ronson Luis and Francisco Rebello sought pre-arrest bail from the Sessions Court, South Goa, Margao. Their applications were granted on 30th November 2012. After investigation, the Police filed the Vs. investigation report and Criminal Case No.406/S/2012/III was registered against the three accused persons.

4. According to the Petitioner, on 4th December, 2012, the third respondent submitted a complaint, making frivolous allegations against him, to the Superintendent of Police, demanding action against the Petitioner and others. He also made a complaint to the State Human Rights Commission against the Petitioner. Thereafter, the third respondent filed a complaint dated 20th December 2012 before the Judicial Magistrate, First Class, Margao, seeking direction for registration of an FIR and investigation under Section 156 of the Criminal Procedure Code. By the impugned Order, the learned Magistrate has directed the Police Inspector, Maina Curtorim Police Station to register the Complaint dated 4th December 2012 filed by the respondent No.3 and investigate the same as per law, either by himself or by any other responsible Officer deputed by him on his behalf. The said Order was challenged by the Petitioner in Criminal Revision Application No.80/2013 before the learned Additional Sessions Judge-1, South Goa. The learned Additional Sessions Judge-1, South Goa, Margao vide, Margao vide Judgment dated 23rd September, 2016 dismiss