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2019 Supreme(Bom) 2278

M.S.SONAK, C.V.BHADANG
Mahesh Sonu Gawade – Appellant
Versus
State Of Goa – Respondent


Advocates Appeared:
Maria Caroline Collasso, Advocate, S.R. Rivankar, Advocate, Amay Phadte, Advocate

JUDGMENT

C. V. Bhadang, J. - Rule, made returnable forthwith. The learned Public Prosecutor waives service on behalf of the respondent nos. 1 and 2 and Mr. Phadte, the learned Counsel, waives service on behalf of the respondent no.3. Heard finally with consent of the parties.

2. By this petition, under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure (Code, for short), the petitioner (accused no.A7), seeks quashing of FIR No.28/2017 dated 11.04.2017 registered with P.S. Valpoi and consequent prosecution in Criminal Case No.7/18 pending before the learned Judicial Magistrate First Class at Valpoi. In the aforesaid case, the petitioner along with 44 others are facing prosecution for the offence punishable under Sections 143, 341, 506(ii) read with Section 149 of the Indian Penal Code (IPC, for short).

3. The brief facts are that the petitioner and the co-accused including 23 women are residents of Village Sonshi, Sattari, which happens to be a small village. There are about 13 mining leases surrounding the said village which saw the influx of six mining companies. The residents of the village have been complaining about the mining operations

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