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MANISH PITALE
Pooja Da Gama Rose – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
A.Agni, Advocate, Jay Sawaikar, Advocate, Mahesh Amonkar, Advocate, Rohit Bras De, Advocate

JUDGMENT

Manish Pitale, J.

1. The petitioner and respondent no. 3 are both residents of a gated Society called the Harbans Vihar Society at Ribandar in Goa and they are before this Court on the basis of proceedings initiated at the behest of respondent no. 3, under Sec. 133 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioner is aggrieved by notices dtd. 26/2/2020 and 9/10/2020, issued by the respondent no. 2 i.e. the Joint Executive Magistrate. While initiating proceedings under Sec. 133 of Cr.P.C., the respondent no. 2-Magistrate passed a conditional order dtd. 5/2/2021, issuing specific directions against the petitioner and another resident of the said Society, which is also subject matter of challenge.

2. The respondent no. 3, filed a complaint dtd. 2/12/2019, before the Collector of North Goa, claiming that there was an ongoing problem with regard to stray dogs being fed by some members of the Society inside the premises of the Society, leading to nuisance in the form of danger to the residents and in some cases, to the pets of the residents of the said Society. Respondent no. 1, called upon the Collector to take appropriate steps in the matter. In the said complai

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