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2018 Supreme(Bom) 2278

C.V.BHADANG
Dilip Parulekar – Appellant
Versus
Advocate Airesh Rodrigues – Respondent


Advocates Appeared:
S.S. Kantak, Adv., Abhijeet Kamat, Adv., Simoes Kher, Adv., Mahesh Amonkar, Adv., Pranay A Kamat, Adv.

JUDGMENT

C.V. Bhadang, J -Rule made returnable forthwith. Respondent no. 1, who appears in person, waives service. The learned Additional Public Prosecutor, waives service for the respondent nos. 2 and 3. Heard finally by consent of parties.

2. All these petitions arise out of order dated 09.12.2016 and 01.06.2017, passed by the learned Sessions Judge at Panaji. They involve common and connected questions of law and fact and as such, they are being disposed by this common judgment.

3. The brief facts necessary for the disposal of the petitions may be stated thus:

    The petitioner, Dilip Parulekar (accused no. 1) was a member of the Goa Legislative Assembly from the year 2007 to 2012. He was a Minister for Tourism, Government of Goa from March 2012 till February 2017 and thus, was a public servant within the meaning of Section 21 of the Indian Penal Code (IPC for short).

      The petitioner, Peter Martins (accused no. 2) was an Attorney of the Communidade of Serula for the triennium 2010-13. An Attorney is an elected officer for a period of three years.

        The petitioner, Mrs. Irene Sequeira (accused no. 3) is Administrator of Communidade, who is also a Public Servant under Section 21 of the I

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