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2023 Supreme(Bom) 764

M. S. SONAK, VALMIKI SA MENEZES
Zeeshan Kadar – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Nilesh Takkekar, Advocate, Sairaj Bhaje, Advocate, S.G.Bhobe, Advocate, Rohan Desai, Advocate, Prachi Sawant, Advocate

JUDGMENT

M.S.SONAK,J. - Heard the learned Counsel for the parties.

2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties. Even otherwise, while issuing notice to the Respondents on 29/3/2022, we had clarified that an endeavour would be made to dispose of this Petition finally at the stage of admission given the Judgment and Order dtd. 02/08/2021 in Criminal Writ Petition No. 17/2020.

3. This Petition is for quashing the FIR bearing No. 144/2019 and the consequent Charge-sheet bearing No. 206/2019 dtd. 15/4/2019 on the file of the learned Chief Judicial Magistrate at Panaji, Goa. In terms of the impugned FIR and the Chargesheet, the Petitioners have been charged with the offences under Ss. 406 and 420, read with Sec. 34 of the Indian Penal Code (IPC).

4. Mr Takkekar, learned Counsel for the Petitioners, submits that the issue raised in this Petition is entirely covered by this Court's decision dtd. 02/08/2021 in Criminal Writ Petition No. 17/2020. He points out that this Petition was instituted by Rishi Gupta (Accused No.1), and this Court, after recording finding that the allegations in the impugned FIR and the Ch

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