JUDITH ALMEIDA Vs. STATE

JUDGEMENT

(1.) The two petitioners, who are arraigned as accused in FIR bearing no.101/2019 registered with Colva Police Station on 28.9.2019, invoking offences punishable under Sections 323, 353, 504, 506 (ii) read with Section 34 of IPC, seek the relief of quashment of the FIR. The petitioners claim that they are the social activists and the background to the FIR being lodged against them is to the effect that the petitioner no.2's brother, on 23.9.2019 had filed a complaint against Mr. Amol Tilve, Secretary of Village Panchayat, Colva, alleging several illegalities in his previous tenure as the Secretary of Colva Panchayat and that he was the person who was responsible for illegally granting NOC for the illegal constructions, reflecting that he was involved in land grabbing within the Panchayat of Colva.

(2.) The submission of the learned Counsel for the petitioner is to the effect that by the said complaint filed by Mr. Amol Tilve, on 27.9.2019, he seek revenge by adding the petitioners as accused. The petitioners deny the happening of any such incident which form the basis of the complaint which resulted into registration of a FIR against the present petitioners.

(3.) Perused the complaint dated 27.9.2019 addressed by the complainant to the Colva Police Station, Salcete, Goa. The complainant came to be posted as the Village Panchayat Secretary of Colva and it is alleged by him that on 20.9.2019 when he was present in the office of the Block Development Officer to collect his Relieving Order, he crossed path with one Nevil Furtado, who threatened him and desisted him from accepting the Charge as Secretary of Village Panchayat of Colva. He was also threatened of being implicated in cases and being put behind the bar. The complaint stated that he kept mum and did not respond. Further incident narrated is of 26th September, when he was present along with his Advocates in consultation of High Court matter, he received repeated calls from the accused but he did not respond. That the complainant was also aware as to why the calls were made and he stated that it is on account of issuance of NOC to three movable carts, which were approved by the resolutions of the Panchayat but the accused persons were opposing the same.