IMPORTANT POINT
The court established that the police cannot investigate a non-cognizable case or register an FIR based on the same facts without a Magistrate's permission, as mandated by Section 155(2) of the Cr.P.C.

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, out of which Petitioner is occupying Flat No.202, whereas Respondent No.3 is occupying another flat. He submits that though there is no registered society, the flat owners formed an association for the purpose of maintenance of the said apartments. The meetings of the said association are conducted on a regular basis. Initially, when the Petitioner purchased the flat, the owner of the said scheme orally permitted the Petitioner to use the parking space for his vehicle. However, subsequently, Respondent No.3 and other flat owners started quarrelling with the Petitioner with regard to the parking space. The differences between the flat owners started frequently due to some garbage and illegal construction in the said apartments. The Petitioner filed complaints against Respondent No.3 and his wife, but the same were considered non-cognizable complaints. Recently, the owner of the flat existing on the ground floor carried out some illegal construction on the balcony, for which Petitioner complained to Village Panchayat. An inspection was carried out by the Village Panchayat, during which it was found that some illegal construction in the balcony was carried out.

6. Mr de Sa would then submit that the annual meeting of the flat owners was scheduled for 9/3/2023 at 11:00 a.m. However, on the previous day, there were some verbal abuses to the Petitioner and his wife by some of the flat owners, including Respondent No.3.

7. Mr de Sa then submitted that during the annual meeting on 19/3/2023, all the flat owners gathered on the premises in order to discuss the agenda. However, without any reason, Respondent No.3 and a few others started fighting with the Petitioner and his wife and questioned them as to why a false complaint was lodged with Old Goa Police Station in connection with the throwing of garbage, parking, maintenance issues, etc. Respondent No.3 and his wife even came to assault the Petitioner and his wife.

8. Mr de Sa would then submit that after the said incident, the Petitioner went to Old Goa Police Station to lodge his complaint. However, the wife of Respondent No.3, Ms Jisha, lodged a complaint against the Petitioner and his wife, which was registered as an NC complaint and Ms Jisha was directed to approach the concerned Magistrate. However, when the Petitioner was in the Police Station, Old Goa Police arrested the Petitioner under Sec. 151 of Cr.P.C., and thereafter, he was produced before the Deputy Collector. The Deputy Collector released the Petitioner on a personal bond of ?5, 000/-.

9. Mr de Sa would then submit that on the next day, i.e. on 20/3/2023, Respondent No.3 went to Old Goa Police Station and lodged the FIR against the Petitioner in connection with the same incident for which Old Goa Police Station registered an NC complaint. M