Bombay High CourtWPCR/193/2017disposed of

Munnalal Halwai., v. The Officer In Charge, Anti Corruption Branch, Panaji And ANR.,

2017-11-17Hon'Ble Shri Justice C. V. Bhadang,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 193 OF 2017 MUNNALAL HALWAI., ... Petitioner

Versus

THE OFFICER IN CHARGE, ANTI CORRUPTION BRANCH, PANAJI AND ANR., ... Respondents Shri Nigel Da Costa Frias, Advocate for the petitioner. Shri S. R. Rivankar, Public Prosecutor for the respondents. Coram:- C. V. BHADANG & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 17th November 2017 P.C.

Heard Shri N. Costa Frias, the learned Counsel for the petitioner and Shri S. R. Rivankar, the learned Public Prosecutor for the respondents.

2. The only relief sought in this Petition is for a direction to the learned Additional Sessions Judge, North Goa Panaji to expeditiously dispose of the petitioner's application under Section 156(3) of the Cr.P.C. The said application is pending from 12.9.2016. The learned Public Prosecutor states that at present the said application is fixed on 29.11.2017 for hearing on the application for intervention filed by the accused.

3. On hearing the learned Counsel for the parties and on going through the contents of the petition, we are of the opinion that

WPCR/193/2017 the petitioner's role in the entire transaction including the one while entering into the contract with one Lotlikar also needs to be investigated, in the event the learned Sessions Judge directs registration of the FIR. This aspect would be taken into consideration by the learned Sessions Judge.

4. In the circumstances, the learned Sessions Judge is directed to decide the application as expeditiously as possible and in any event within a period of eight weeks from the receipt of this Order.

5. Petition stands disposed of accordingly. PRITHVIRAJ K. CHAVAN, J.

C. V. BHADANG, J.