HIRO KEWALRAMANI Vs. STATE OF GOA & ORS

JUDGEMENT

(1.) By this petition, under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (the Code, for short), the petitioner is seeking quashing of FIR bearing No.79/2016, registered with Police Station, Anjuna and the consequent chargesheet filed before the learned Judicial Magistrate, First Class, Mapusa, under Sections 384, 420, 465, 467, 468, 471, 474, 109, 114, 115, 182, 193, 195, 199, 200, 205, 201, 120-B, 511 read with Section 34 of Indian Penal Code (IPC, for short).

(2.) The principal ground on which the petitioner seeks to quash FIR/ chargesheet is that the second impugned FIR is not competent. It is contended that there were previous complaints lodged by the third respondent, who is the complainant with Sakinaka Police Station, Mumbai on 18/02/2016 and 11/03/2016, on the basis of which FIR No.478/2016 is registered against the accused no.1 Anil Jaisinghani and others. Incidentally, the petitioner happens to be the accused no.9 in the impugned FIR No.79/2016 of Police Station Anjuna.

(3.) Brief facts, necessary for the disposal of the petition, may be stated thus : That one Tulika Katare (Accused no.2 in the impugned FIR) filed a complaint with Police Station, Anjuna on 11/02/2016 alleging that the respondent no.3 had sexually assaulted her without her consent in the night intervening between 10th and 11th February, 2016 at Hotel Goan Darbar, Chapora, Goa, after lacing her drink with some stupefying substance. On the basis of the said complaint, an offence under Crime No.17/2016 was registered with Police Station, Anjuna, in which the third respondent was arrested and has since been released on bail. It appears that after the investigation of the complaint lodged by Tulika Katare against the third respondent, the Investigating Officer has filed a final 'B' summary report, which is pending consideration before the learned Judicial Magistrate, First Class, Mapusa.