Binish Thomas v. State Of Goa Thr. Public Prosecutor And 2 ORS

8-WPCR-14-2023.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.14 OF 2023 BINISH THOMAS ... PETITIONER

Versus

STATE OF GOA THR.

PUBLIC PROSECUTOR AND 2 ORS.

... RESPONDENTS Mr Preetam Talaulikar, Advocate for the Petitioner. Mr. Nikhil Vaze, Additional Public Prosecutor for Respondent - State.

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATE :

19th JUNE 2023 P.C. :

1.

Mr Talaulikar appearing for the petitioner would submit that inspite of service of notice, respondent no.3/original complainant is not appearing.

2.

This petition was filed only on the ground of settlement between the parties. Initially, the petitioner has deposited 50,000/- ₹ in this Court towards security/costs.

19th June 2023

8-WPCR-14-2023.DOC 3.

Mr Talaulikar, on instructions, would submit that he would withdraw the present petition with liberty to approach as and when respondent no.3 agrees to appear and support the prayer for quashing of the charge sheet in the case no.IPC/302/2022 filed before the JMFC, Margao.

4.

We allow the petitioner to withdraw the present petition with liberty to file a fresh petition. The petitioner would submit that he may be permitted to withdraw an amount of 25,000/- which he has ₹ deposited in this Court. The remaining amount shall be deposited with the Goa State Legal Services Authority towards costs. The Registry to permit the petitioner to withdraw the amount of 25,000/- and the balance amount to be deposited with the Goa State ₹ Legal Services Authority.

5.

The petition stands disposed of in the above terms. BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

HALDANKAR Date: 2023.06.20 13:43:36 +05'30'

NITI K HALDANKAR 19th June 2023