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Bombay High CourtWPCR/74/2026disposed of

Vanessa Rodrigues v. The Police Inspector And 2 ORS.

2026-04-09Hon'Ble Shri Justice Amit S. Jamsandekar3 pages

2026:BHC-GOA:752 Vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL WRIT PETITION NO. 74 of 2026 MRS. VANESSA RODRIGUES, Wife of Richard Mendonca, Aged 42 years, Self Employed, R/o Flat no. 2, SS Plaza, Morod, Mapusa, Bardez - Goa.

...PETITIONER ~ VERSUS ~

1. The Police Inspector, Saligao police station, Saligao, Bardez - Goa.

2. The Superintendent of police, North, Porvorim Goa.

3. The Public Prosecutor, High court of Bombay at Porvorim, Porvorim, Bardez - Goa.

...RESPONDENTS APPEARANCES:

for the Petitioner.

for the Respondents Mr Kapil Kerkar, Advocate.

Mr Somnath Karpe, Addl. Public Prosecutor along with Mr Anand Shirodkar, Advocate.

CORAM : AMIT S. JAMSANDEKAR, J.

Dated : 9th April 2026.

JUDGMENT

1.

Registry to waives all office objections and register the Petition. 2.

Rule. The Rule is made returnable forthwith at the request and by consent of the Learned Counsel for the parties. Mr Karpe, Learned Addl. Public Prosecutor appearing for the Respondents waive service.

3.

By the present petition, the Petitioner is seeking a prayer that the FIR should be registered on the basis of the complaint made by the Petitioner on 24.1.2026.

4.

Mr Karpe, learned Addl. Public Prosecutor appearing for the State pointed out that the Petitioner has already filed an application before the Learned Judicial Magistrate First Class "C" Court Mapusa and the application filed by the Petitioner is registered as Criminal Misc. Application No.47/2026. The prayer (a) sought by the Petitioner in this petition is also the subject matter of the application which is pending before the learned JMFC, Mapusa. 5.

In view of the pendency of the application filed by the Petitioner before the JMFC Mapusa, prayer (a) in the present petition cannot be granted and the same ought to be decided by the learned JMFC, Mapusa on its own merit and in accordance with law.

6.

Considering the fact that the Petitioner's application is pending before the learned JMFC, Mapusa and considering the allegations made by the Petitioner about outraging modesty and other serious allegations, I am inclined to grant relief in terms of prayer clause (b) of the petition.

7.

Considering the peculiar facts and circumstances of the present case, Rule is made partly absolute in terms of prayer clause (b) which reads thus:- "b. Issue a writ, order, or direction, directing the learned Judicial Magistrate First Class, C-Court, Mapusa to dispose of Criminal Miscellaneous Application No. 47 of 2026, pending before him, within a stipulated time frame (preferably within 30 days) from the date of receipt of the order passed by this Hon'ble Court's."

8.

The Writ Petition is disposed of accordingly. No order as to Cost.

9.

Assistant of this Court. All concerned will act on the production by fax [AMIT S. JAMSANDEKAR, J.] Signed by: VINITA VIKAS NAIK Designation: Private Secretary Date: 09/04/2026 17:58:44