Krupa Maruti Hallikar v. The State Of Goa, In Its Ministry Of Home Affairs, Thr. The Public Prosecutor And ANR

03-WPCR-29-2021.DOC Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 29 OF 2021 Krupa Maruti Hallikar

...Petitioner

Versus

1. The State of Goa, in its Ministry of Home Affairs, Thr. The Public Prosecutor & anr.

...Respondents

Mr. Vincent D'Silva, Advocate holding for Mr. Andre Pereira, Advocate for the Petitioners.

Mr. S. G. Bhobe, Public Prosecutor for the Respondent-State.

CORAM:

M. S. SONAK & M. S. JAWALKAR, JJ DATED:

29th July, 2021 PC:- 1.

Heard Mr. Vincent D'Silva, learned Counsel for the Petitioner and Mr. S. G. Bhobe, learned Public Prosecutor for the Respondent-State.

2.

This Petition seeks a writ of mandamus to the Respondents to investigate into the Petitioner's complaint dated 10.03.2017, in which, he has alleged that certain persons committed criminal trespass by making use of forged documents to annoy the complainant.

3.

Mr. Silva, learned Counsel, referred us to the communication dated 09.01.2019 addressed by the PSI of Mapusa Police Station to the Complainant, in which, the PSI has informed the complainant that the matter is of a civil nature and, 29th July 2021

03-WPCR-29-2021.DOC therefore, no cognisance can be taken of the complaint. Mr. Silva submits that this communication will perhaps come in the way of the Petitioner approaching the competent Magistrate urging that the matter involves the commission of cognisable offences. 4.

According to us, despite the communication dated 09.01.2019, it is always open to the Petitioner to take out appropriate proceedings before the competent Magistrate in terms of the provisions of the Code of Criminal Procedure. 5.

By clarifying this position, we dispose of this Petition. There shall be no order as to costs.

M. S. JAWALKAR, J.

M. S. SONAK, J.

ANDREZA PEREIRA Date: 2021.07.29 17:30:14 +05'30'

29th July 2021