Alep S. K. And 4 ORS v. State Of Goa, Thr. Public Prosecutor And ANR

Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.84 OF 2022 ALEP S. K. AND 4 ORS ... PETITIONERS

Versus

STATE OF GOA, THR. PUBLIC PROSECUTOR AND ANR ... RESPONDENTS Mr. Nikhil D. Pai, Advocate for the Petitioners. Mr. S. G. Bhobe, Public Prosecutor for the Respondent State. CORAM:- M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED :- 27th September, 2022 P.C.

After this matter was argued for some time, adjournments were sought to consider whether some compensation would be paid to the dependent of the victim-respondent no.3. After one or two adjournments, Mr Pai, learned counsel for the petitioner, on instructions, seeks to withdraw this petition.

2. From the material on record, we find that this petition was filed challenging the charge-sheet which was filed on 24.03.2017. The substance of accusation was explained on

22.07.2019. It is obvious that this petition was filed to take a chance and to, if possible, delay the trial. After taking considerable time of this Court, now leave is sought to withdraw this petition.

3. Accordingly, we permit the withdrawal but, the petitioner will have to pay costs of Rs.25,000/-, i.e. Rs.5,000/- per petitioner, to the respondent no.3. Such costs will have to be deposited with the Goa State Legal Services Authority within 4 weeks from today.

4. The Member Secretary, Goa State Legal Services Authority to ensure that this amount is sent to respondent no.3, if necessary, by taking assistance from the State Legal Services Authority of West Bengal. The Member Secretary, Goa State Legal Services Authority must also consider the bank details of respondent no.3 to be found at page 167 of this paper-book. On this page, there is reference to respondent no.3's savings bank account as follows:

'Saving Bank Account No.34662691388 at State Bank of India, Bahadurpur Branch (8855), P.O. Bahadurpur, West Bengal.'

5. The Criminal Writ Petition is disposed of by clarifying that

in case costs are not deposited within 4 weeks, the registry to put up the matter for consideration.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

Date: 2022.09.27 17:14:34 +05'30'

MARIA SUZANA REBELLO