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IN THE HIGH COURT OF BOMBAY AT GOA
ASHISH S.CHAVAN
Shaila Damodar Sinai Borkar Wife of Shri Damodar Maheshwar Sinai Borkar – Appellant
Versus
Officer Incharge, Police Inspector, Ponda, Goa – Respondent
| Table of Content |
|---|
| 1. fir registration via revision against s.156(3) rejection. (Para 1 , 2 , 3) |
| 2. issue: hearing required for proposed accused in complainant revision. (Para 4 , 5 , 6 , 7) |
| 3. crpc s.401(2) mandates hearing before prejudicial revisional order. (Para 8 , 9 , 10) |
| 4. parties debate pre-cognizance hearing right in revision. (Para 11 , 12 , 13) |
| 5. sc precedents require proposed accused hearing in such revisions. (Para 14 , 15 , 16) |
| 6. w.n. chadha inapplicable to revisional jurisdiction. (Para 17) |
| 7. quash order/fir; remand for hearing. (Para 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
ASHISH S. CHAVAN, J.
1. By way of the present Writ Petition, the Petitioners have sought twofold reliefs. Firstly, to quash and set aside the order dated 20.08.2025 (impugned order) passed by the learned Sessions Judge and, secondly, to quash and set aside FIR No.125/2025 dated 30.08.2025 registered against the Petitioners under Sections 442, 427, 504, 379 r/w 34 of IPC at the instance of Ponda Police Station.
2. The Petitioner No.1 is a senior citizen presently 66 years old and Petitioner No.2, the daughter of Petitioner No.1, is a doctor by profession. The Respondent No.2 is State of Goa and Respondent No.3
Proposed accused must be heard in revision against Magistrate's rejection of Section 156(3) CrPC application; no prejudicial order without opportunity under Section 401(2), applicable to Sessions Jud....
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
The main legal point established in the judgment is that the accused has a right to be heard in a revision petition challenging the order of dismissal of complaint, even if no process has been issued....
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.
Magistrate's rejection of Section 156(3) CrPC application is final order, revisable under Section 397 CrPC before Sessions Court; writ under Article 226 not entertained due to efficacious alternate r....
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