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2021 Supreme(Bom) 1216

M.S.SONAK, M.S.JAWALKAR
Rishi Gupta – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Nitin Sardessai, Advocate, Vibhav R Amonkar, Advocate, Pravin N Faldessai, Advocate, E. Abrol, Advocate, Jatin Ramaiyya, Advocate

JUDGMENT

M. S. Sonak, J. - Heard Mr. Nitin Sardessai, learned Senior Advocate with Mr. Vibhav R. Amonkar, learned Counsel for the Petitioner, Mr. Pravin N. Faldessai, learned Additional Public Prosecutor for the respondents No.1 and 2 and Mr. E. Abrol with Mr. Jatin Ramaiyya, learned Counsel for the respondent No.3.

2. Rule. The Rule is made returnable forthwith at the request and with the consent of the learned Counsel for the parties. Even otherwise, by our order dated 25.03.2021, we had made it clear that this writ petition will be listed for final disposal after three weeks.

3. This petition is for quashing FIR bearing No.144 of 2019 and the consequent criminal proceedings initiated in the Court of Judicial Magistrate First Class, Mapusa qua the petitioner herein. The petitioner, in terms of the impugned FIR, has been charged with offenses under Sections 406 and 420 r/w. Section 34 of the Indian Penal Code.

4. Mr. Sardessai, learned Senior Advocate for the petitioner submits that this is a case where the allegations made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety do not constitute any offense or make out any case against t

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