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2023 Supreme(Bom) 1688

M. S. SONAK, B. P. DESHPANDE
Jit Vinayak Arolkar – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
S.S. Kantak, Advocate, Abhijeet Gosavi Neha Kholkar, Advocate, Pravin Faldessai, Advocate, Arun De Sa, Advocate, J.J. Mulgaonkar, Advocate, Sahil Sardessai, Advocate

JUDGMENT/ORDER

BHARAT P.DESHPANDE, J. - Rule. Rule is made returnable forthwith. With consent of the learned Counsel appearing for the parties, this matter was taken up for final disposal at the stage of admission.

2. Heard learned Senior Counsel Mr S.S. Kantak appearing with learned Counsel Mr Abhijeet Gosavi and Ms Neha Kholkar for the Petitioner, learned Additional Public Prosecutor Mr Pravin Faldessai for the State and learned Counsel Mr Arun de Sa, Mr J.J. Mulgaonkar and Mr Sahil Sardessai for Respondent No.4.

3. The Petitioner is praying for quashing of FIR No.177/2020 initially registered at Pernem Police Station on 26/10/2020 and now transferred to Special Investigation Team of the Economic Offences Cell, on the ground that the FIR nowhere disclosed ingredients of Sec. 420 of IPC and basically the dispute is purely civil in nature.

4. Mr Kantak appearing for the Petitioner strongly contended that though the timing of the FIR was only to prevent the Petitioner from campaigning for his party candidate in the Zilla Parishad Elections. However, Mr Kantak further submitted that he will not press this ground for the purpose of arguing the petition.

5. Mr Kantak then would submit that

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