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Bombay High CourtCRMAM/134/2018disposed of

Aleixo Arnolfo Pereira, Presently In Police Custody, Thr. Anthea Pereira., v. The State Of Goa, Thr. Police Inspector, Verna Police Station, Verna.,

2018-04-27Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION ( MAIN ) NO. 134 OF 2018 ALEIXO ARNOLFO PEREIRA, PRESENTLY IN POLICE CUSTODY, THR. ANTHEA PEREIRA., ... Applicant

Versus

THE STATE OF GOA, THR. POLICE INSPECTOR, VERNA POLICE STATION, VERNA., ... Respondent Shri Ryan Da Piedade Menezes, Advocate for the applicant. Shri Pravin Faldessai, Additional Public Prosecutor for the respondent.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 27th April 2018 P.C.

Reply filed.

2. Shri Faldessai, learned Additional Public Prosecutor submits that the application has become infructuous since the applicant had already been enlarged on bail by the learned Children's Court.

3. Shri Ryan Menezes, learned Advocate, however, contends that an important issue still survives on the aspect of the non-compliance with the mandate of Section 41-A of the Code of Criminal Procedure laid down in Arnesh Kumar Vs. State of Bihar and another [(2014)8 SCC 273]. Since the issue is academic and the very purpose of moving application is fulfilled,

CRMAM/134/2018 nothing survives in the application, which is dismissed. The contentions being purely academic are left open for consideration at an appropriate time.

4. The application stands disposed off accordingly. NUTAN D. SARDESSAI, J.

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