VIRENDRA PANDURANG MARATHE Vs. STATE OF GOA

JUDGEMENT

(1.) This petition is directed against the order dated 6.12.2008 of the learned Additional Sessions Judge, Panaji Goa, upholding the order dated 13.5.2008 of the learned Magistrate (J.M.F.C.), Ponda, refusing to issue process against the respondents accused under Sections 166, 340, 348, 350 r/w 34 of the Indian Penal Code.

(2.) There is no dispute that the respondent No. 2 is a Police Sub Inspector attached to Miraj Police Station in the State of Maharashtra, who came down to Goa in connection with investigation of Crime No. 197/2005 of that Police Station registered at the instance of one Advocate Shaikh under Section 153(a), 153(b) and 295(a) Indian Penal Code. Respondent No. 3 is a Head Constable and respondent No. 4 is a Constable who had accompanied the said Police Sub Inspector.

(3.) In connection with the said investigation the respondent No. 2/PSI accompanied by the officers of Ponda Police Station went to Sanatan Ashram situated at Ramnathi, Ponda Goa, on 6.11.2005 and the complainant was brought to the Ponda Police Station to record his statement in connection with the said crime and subsequently was taken to Miraj City Police Station and after recording his statement the petitioner/complainant was allowed to go.