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2021 Supreme(Bom) 830

M.S.JAWALKAR
Kinnaresh Trimbak Borkar – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
S. Borkar, Advocate, A. Borkar, Advocate, G. Kamat, Advocate, M. Amonkar, Advocate, A. Desai, Advocate

JUDGMENT

M.S. Jawalkar, J. - Heard Shri S. Borkar, learned Counsel for the petitioner, Shri Mahesh Amonkar, learned Additional Public Prosecutor for respondent No. 1 and Ms. A. Desai, the learned Counsel for the respondent No. 2.

2. Rule. Rule is made returnable forthwith at the request and with the consent of the learned Counsel for the parties.

3. Heard Shri S. Borkar, the learned Counsel for the petitioner. Shri M. Amonkar, the learned Addl. Public Prosecutor for the respondent No. 1 and Ms. A. Desai, the learned Counsel for the respondent No. 2.

4. The present petition is filed invoking inherent powers under section 482 of Cr.P.C. to quash and set aside the Order dated 7.11.2017 for issuance of process issued by the learned Judicial Magistrate First Class, 'A' Court Ponda, Goa("JMFC" for short).

5. The brief facts leading to file the present petition are as under :-

The petitioner has been charged for the offences punishable under sections 441, 506, 34 and 107 of IPC. The trial Court enlarged him on bail. It is the case of the respondent No. 2(legal heir of one Mrs. Anandi Gaude) that the petitioner is an original bhatkar and alongwith so called land sharks is trying to develop the

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