STATE OF GOA, THROUGH INVESTIGATION OFFICER/S P , PANAJI, GOA Vs. SUBHASH MHAMAL MANDREKAR, SON OF RAGHUVIR MANDREKAR
LAWS(BOM)-2017-10-127
HIGH COURT OF BOMBAY
Decided on October 10,2017

State Of Goa, Through Investigation Officer/S P , Panaji, Goa Appellant
VERSUS
Subhash Mhamal Mandrekar, Son Of Raghuvir Mandrekar Respondents

JUDGEMENT

C.V.Bhadang, J. - (1.) This petition can be disposed of on a short ground.
(2.) On a complaint lodged on behalf of the learned Sessions Judge, Margao under Section 193 of the Indian Penal Code, 1860 (IPC, for short), charge was framed against the respondent (accused) on 14.02.2007. During the trial of the case, the respondent/accused filed an application for dropping the proceedings, which was dismissed by the learned Magistrate by order dated 07.11.2012. This was challenged by the respondent before the learned Additional Sessions Judge in Criminal Appeal No. 10/2013. The learned Sessions Judge placing reliance on the decision of this Court in the case of Shri Jose Marie Albert Vales Vs. The District and Sessions Judge & Another, 2013 3 BCR(Cri) 163, holding that in a complaint under Section 193 of IPC, the Magistrate is required to observe the procedure for trial of cases instituted otherwise than on police report, allowed the appeal thereby setting aside the order of the Magistrate and directing the learned Magistrate to treat the evidence on record as evidence before framing charge in terms of Section 244 of the Code of Criminal Procedure, 1973 (code, for short) and then to consider if any case is made out for framing a charge. It is this order of the learned Sessions Judge, which is subject matter of challenge in this petition.
(3.) I have heard Shri Rivankar, the learned Public Prosecutor for the petitioner and Shri Arsekar, the learned Counsel for the respondent.;


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