Balchandra Alias Sunil Dattaram Marathe v. Madhav Kelkar And ANR

2025:BHC-GOA:912-DB WPCR 8 of 2025 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.8 OF 2025 BALCHANDRA ALIAS SUNIL DATTARAM MARATHE ... PETITIONER

Versus

MADHAV KELKAR AND ANR ... RESPONDENT Mr Dinesh Naik, Advocates for the petitioner. Mr. Joaquim Godinho, Advocate for Respondent No. 1. Mr. Pravin Faldessai, Additional Public Prosecutor for Respondent No. 2.

CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 10th June, 2025 P.C.

1. The learned counsel for respondent no. 1 has invited our attention to the order passed by the Judicial Magistrate First Class, 'F' Court at Panaji-Goa, upon an application filed by the petitioner seeking discharge.

The application dated 01/12/2022 came to be decided on 16/10/2023 and by a reasoned order, the discharge is refused with specific observations that the accused is neither the co-owner nor he has any right to the said property.

Admittedly, the passing of this order dated 16/10/2023 is not disclosing the petition.

10th June, 2025

WPCR 8 of 2025

2. Being confronted with the aforesaid order, the learned counsel for the petitioner seek liberty to raise a challenge to the said order by filing appropriate proceedings.

3. By reserving the aforesaid liberty, the criminal writ petition stands disposed of.

NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 11/06/2025 10:10:51 10th June, 2025