Criminal Writ Petition No. 107 of 2015. Case: P. Ravi Vs Police Inspector, Pernem Police Station and Ors.. High Court of Bombay (India)
| Case Number | Criminal Writ Petition No. 107 of 2015 |
| Counsel | For Appellant: Shivan Dessai, Advocate and For Respondents: S.R. Rivankar, Public Prosecutor |
| Judges | F. M. Reis and C. V. Bhadang, JJ. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 482; Constitution of India - Article 226; Goa Children's Act, 2003 - Sections 2, 2(m), 8, 8(2); Indian Penal Code 1860, (IPC) - Sections 143, 147, 149, 323, 324, 356, 379, 427, 447, 504, 506(ii) |
| Judgement Date | December 14, 2015 |
| Court | High Court of Bombay (India) |
Judgment:
C. V. Bhadang, J.
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Rule. Rule made returnable forthwith. Mr. Rivankar, learned Public Prosecutor waives service for the respondent no. 1 and Ms. Collasso, learned Counsel waives service for the respondent no. 2. Heard finally, by consent of the parties.
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By this petition, the petitioner is seeking quashing of FIR No. 108/2015, registered by P.S. Pernem against the petitioner for the offences punishable under Sections 143, 147, 447, 323 read with Section 149 of I.P.C. and Section 8 of the Goa Children's Act, 2003 (the Act of 2003, for short). The FIR was registered on the basis of a complaint lodged by Mr. Michael D'Souza, Jerome Mendes and Jason Rodrigues. It was alleged that on 25.06.2015 at 5 p.m., the petitioner alongwith 60 to 70 unknown persons entered in the property of Diago Francis Rodrigues, being Survey No. 2/70 of village Tiracol and the petitioner assaulted Master Jason Rodrigues, aged 17 years, with kicks. All the accused persons assaulted the complainants, thereby causing bodily injuries. On the basis of the complaint, an offences came to be registered and the investigation is stated to be in progress.
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According to the petitioner, he had filed a complaint on the same day with P.S. Pernem against, (1) Mr. Francis Rodrigues, who is the President of St. Anthony's Tenants and Mundkar Association and (2) Mr. Anthony Mendes, who is the Secretary of the said Association and also against Anthony Francis Rodrigues, Elvis Pereira, Santan Rodrigues amongst others for having criminally trespassed in their property with intention to assault, abuse, annoy and attack their personnel and those of their contractor, who were undertaking the work in the property. On the basis of the said complaint, FIR No. 107/2015 is registered against Francis Rodrigues and others under Sections 143, 147, 447, 323, 324, 504, 506(ii), 356, 379, 427 read with Section 149 of I.P.C.
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The petitioner is the General Manager of M/s. leading Hotels Ltd., which has acquired a stretch of land at Tiracol for development of an Eco-Tourism Resort and a Golf Course. It is claimed that the acquisition is in pursuance of the sale deed executed by the Khalap family. It is submitted that the petitioner has obtained necessary permissions for construction and development of a Golf Course. It is contended that some persons have raised malafide claims of tenancy, in respect of the part of the property acquired by M/s. Leading Hotels Ltd. and the proceedings...
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