JUDGMENT/ORDER

BHARAT P.DESHPANDE, J. - Rule. Rule is made returnable forthwith.

2. Heard the matter finally at the stage of admission itself with consent of the parties.

3. The Petitioner who is an Accused in FIR No.41/2023 registered at Old Goa Police Station on 20/3/2023 at the instance of Respondent No.3, for the offences punishable under Sec. 323, 506(II), 354, 509, 427 of IPC is challenging it under Sec. 482 of Cr.P.C. basically on the ground that such FIR is a counterblast and secondly, the police failed to follow the procedure as laid down in Sec. 155(2) of Cr.P.C. by obtaining the permission of the learned Magistrate since already a non-cognizable case was registered with regard to the same incident by the wife of Respondent No.3 on 19/3/2023.

4. Heard learned Counsel Mr Arun de Sa appearing with Mr Anoop Gaonkar for the Petitioner, Mr Pravin Faldessai Additional Public Prosecutor for the State and Mr Chaitanya Padgaonkar appearing with Ms V. Mahato for Respondent No.3.

5. Mr de Sa, appearing for the Petitioner, submits that the Petitioner and Respondent No.3 are the members/flat owners of a complex known as Nine Jewel Apartments at Carambolim. There are in all nine flats,