DHANU BOGATI, S/O AMAR SINGH BOGATI Vs. STATE OF GOA, THROUGH POLICE INSPECTOR, VERNA POLICE STATION, VERNA, SALCETE, GOA
HIGH COURT OF BOMBAY
Dhanu Bogati, S/O Amar Singh Bogati
State Of Goa, Through Police Inspector, Verna Police Station, Verna, Salcete, Goa
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C.V. Bhadang, J. -
(1.) The challenge in this petition under Section 482 of the Code of the Criminal Procedure ('Code', for short) is to the judgment and order dated 5th February 2015 passed by the learned Additional Sessions Judge, South Goa at Margao in Criminal Revision Application No.92 of 2014. By the impugned judgment the learned Session Judge, while dismissing the Criminal Revision Application filed by the petitioners has confirmed the order dated 3rd July 2013 passed by the learned Judicial Magistrate, First Class, Margao, in Criminal Misc. Application No.264/2013/F. By the said order, the learned Magistrate had directed registration of the F.I.R. while acting under Section 156(3) of the Code.
(2.) The brief facts necessary for the disposal of the petition may be stated thus That the 1st petitioner is a Police Sub Inspector while the 2nd Petitioner is a Constable working in the Goa Police Force. In February 2013, the petitioners were deployed with the special tourist police unit, which was entrusted with the task of protecting the tourists and implementation of the provision of Goa Registration of Tourist Trade Act, 1982 that governs tourism related activities in the State. On 10th February, 2013, the 2nd petitioner and others reported as usual for duty to Verna Police Station, within the territorial jurisdiction of which Utorda Beach is situated. It is stated that they were patrolling at the said beach. At about 17.15 hours, the 2nd respondent who is the owner of Viva Goa Shack, came on the site, under influence of alcohol and attempted to destroy the life guard hut. The 2nd petitioner and the other police personnel objected to the same when the 2nd respondent is alleged to have behaved rudely and in an arrogant manner. It is also said that the 2nd respondent physically assaulted the 2nd petitioner and the other Constables in which they sustained injuries. The incident was reported to the Verna Police Station on the basis of which an FIR No.33 of 2013 was registered against the 2nd respondent under Sections 353 and 504 r/w. 34 of I.P.C. and after investigation a chargesheet is filed and the 2nd respondent is facing prosecution in respect of the said offence before the Judicial Magistrate First Class at Margao.
(3.) On 9th March, 2013, the 2nd respondent filed a complaint with the Verna Police Station and some other authorities alleging that some police personnel including the petitioner No.1 had assaulted him with a stick and kicks and in the incident he had suffered injuries to his intestine. The 2nd respondent also made similar allegations against one Devendra Sawant - Police Constable and the 2nd petitioner. On 6th April 2015, the 2nd respondent approached the learned Judicial Magistrate First Class, Margao with a complaint under Section 156(3) of the Code, which was registered as Criminal Misc. Application No.264/2013/F. The learned Magistrate by an order dated 3rd July 2013 directed the registration of an F.I.R. and investigation. The petitioners unsuccessfully challenged the said order before the Sessions Court. Hence, this petition.;
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