Sarfaraj Kittur., v. State Of Goa, Thr. Police Inspector, Calangute Police Station, Calangute And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 47 OF 2016 SARFARAJ KITTUR., ... Petitioner

Versus

STATE OF GOA, THR. POLICE INSPECTOR, CALANGUTE POLICE STATION, CALANGUTE AND 4 ORS., ... Respondents Shri Pranay A Kamat, Advocate for the petitioenr. Shri Mahesh Amonkar, Additional Public Prosecutor for the respondent No.1.

Shri K. Sawant, Advocate for the respondent Nos.2,3 and 4. Coram:- NUTAN D. SARDESSAI, J.

Date:- 17th July 2018 P.C.:

On hearing the learned Advocates for sometime, i deem it appropriate in the circumstances of the case to remand the file to the learned J.M.F.C., Mapusa in Criminal Case No.70/S/2008/A.

2. In view thereof, the impugned judgement passed by the J.M.F.C., Mapusa dated 04/11/2011 and that passed by the Additional Sessions Judge on 19/05/2016 confirming the same are quashed and set aside. The learned Additional Public Prosecutor to endeavour to see that the complainant/informant is examined in this case before the learned J.M.F.C., Mapusa who shall proceed to deal with the matter in accordance with law.

CRIR/47/2016

3. In the circumstances, the revision application stands disposed off.

4. The parties are directed to appear before the learned J.M.F.C. on 01/08/2018 at 14.30hours.

NUTAN D. SARDESSAI, J.

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