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Bombay High CourtWPCR/62/2016disposed of

Shri. John Philip Pereira. v. The Officer In-Charge, Margao Police Station And 3 ORS.,

2016-05-03F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 62 OF 2016 SHRI. JOHN PHILIP PEREIRA.

... Petitioner

Versus

THE OFFICER IN-CHARGE, MARGAO POLICE STATION AND 3 ORS., ... Respondents Mr. Carlos Alvares Ferreira, Advocate for the Petitioner. Mr. S. R. Rivonkar, Public Prosecutor for the Respondents no. 1 and 2.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 3rd May, 2016 P.C.:

Heard Shri C. A. Ferreira, learned Counsel appearing for the Petitioner.

2. The above petition seeks exception to the observation of the learned Judicial Magistrate First Class at Margao in the order dated 18.02.2016 whereby, according to the Petitioner, the FIR directed to be registered has excluded some of the offences allegedly committed by the Respondents no. 3 and 4.

3. It is not disputed that on the basis of a complaint of the Petitioner an FIR has been ordered to be registered. Shri S. R. Rivonkar, the learned Public Prosecutor appearing for the Respondents points out that once an FIR has been registered, the investigations cannot be

WPCR/62/2016 restricted as it would cover all the aspects which are found established during such investigations. Hence, the question of interfering with the investigations in respect of the alleged offences would not arise at all, in the above petition.

4. In such circumstances, we find there is no case made out for interference in the impugned order at this stage in exercise of our extraordinary jurisdiction under Article 226 of the Constitution of India.

5. Taking note of the statement of the learned Public Prosecutor, the petition stands disposed of accordingly.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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