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2023 Supreme(Bom) 749

M. S. SONAK, M. S. KARNIK
Joao C. Pereira – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Galileo Francisco Teles, Advocate, Pravin Faldessai, Advocate, Dhaval Zaveri, Advocate, Nehal Govekar, Advocate

JUDGMENT

M.S.SONAK, J. - Heard Mr Galileo Teles for the petitioners, Mr Pravin Faldessai, learned Additional Public Prosecutor for the State and Mr Dhaval Zaveri for respondent no.2.

2. The petitioners, arraigned accused nos.1 and 2, seek quashing of Charge-sheet No.6/2015 filed in the Court of the Judicial Magistrate First Class at Margao (JMFC) in FIR No.68/2014 and the proceedings in Criminal Case No.292/S/2018/I before the learned JMFC at Margao.

3. Mr Teles, the learned counsel for the petitioners, submits that the uncontroverted allegations made in the FIR and the charge sheet do not disclose the commission of any cognizable offence. Therefore, relying on State of Haryana & Ors. vs Bhajanlal & Ors. - 1992 Supp (1) SCC 336, Mr Teles submits that the impugned charge sheet and FIR may be quashed.

4. Mr Teles submits that in the past, respondent no.2 has filed similar frivolous complaints, some of which were quashed by this Court. He refers to the decision of this Court dtd. 10/6/2016 in Criminal Writ Petition No.130/2015.

5. Mr Teles submits that the investigating agencies, after investigations, had filed an 'A' Summary Report before the learned JMFC. This was because there was no ev

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