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2018 Supreme(Bom) 2144

N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
Sunil Garg – Appellant
Versus
Officer-in-Charge, Anti-Corruption Branch – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.D. Lotlikar, Jatin Sehgal, Devna Soni, Ryanda Piedade Menezes.
For the Respondents: S.R. Rivankar, Nigel Da Costa Frias, L. Sawant.

JUDGMENT :

N.M. Jamdar, J.

1. Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final disposal.

2. The Petitioner is a member of Indian Police Services and had served as a Inspector General of Police of Goa. The Petitioner has approached this Court with a prayer to quash and set aside the order passed by the Additional Sessions Court, North Goa, Panaji, dated 8 January 2018 in Criminal Misc. Application No. 87/2016 and/or any investigation or FIR registered pursuant thereof. The order was passed by the learned Magistrate on the application filed by the Respondent No. 3.

3. The case of Respondent No. 3 is as follows: Respondent No. 3 had filed a complaint to the Director General of Police, Panaji Goa on 3 August 2015 in respect of one Shrikant Nayak for cheating and other offences. Since this complaint was not acted upon, he approached the higher authorities of the police for directions to the Ponda Police Station to take action on the complaint. Respondent No. 3 along with his friend met the Petitioner and during the meeting the Petitioner demanded certain amounts as an illegal gratification. Inspite of payment nothing further taken place pursuant to their a

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