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1966 Supreme(Goa) 30

R.S.BINDRA, V.S.JETLEY
Prabhakar V. Sinari – Appellant
Versus
Shanker Anant Verlekar – Respondent


Advocates:
Fernando Jorge Colaco, Acting Government Pleader, for Petitioner; N.S. Verlekar, for Respondent.

Judgement

JETLEY, J.C. :- The Petitioner - Prabhakar V. Sinari - is a Deputy Superintendent of Police, Margao. A private complaint was filed against him and four other persons by Shankar Anant Verlekar, a resident of Margao, under Sec. 34 (acts done by several persons in furtherance of common intention), 109 (abetment), 149 (offence by any member of an unlawful assembly), 341 (wrongful restraint), 342 (wrongful confinement), 352 (assault), 500 (defamation) and 504 (intentional insult with intent to provoke breach of the peace) of the Penal Code, on 15th of March, 1966. The complaint is that on 5th of March, 1966 at about 4 p. m. accused 2 to 5, hawkers by profession, and some other persons, attempted to trespass on the land of the complainant, in Margao town, with a view to installing stalls. The complainant was threatend by them when he tried to prevent their entry. The complainant sent his brother to the Police Station. The Police asked the accused and other hawkers to keep their hand-carts at the places where they were kept before. At about 5.30 p. m. same day the petitioner came to the land and, in an arrogant tone, spoke to the complainant. The petitioner enquired of the compla













































































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