Munnalal Halwai v. State Of Goa Thr. The Police Inspector And 3 ORS.

2026:BHC-GOA:781 Disha

IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL WRIT PETITION NO.308 OF 2026 (F) Mr. Munnalal Halwai, S/o Late Mr. Ramchandra Halwai, 54 years of age, R/o 5th Floor, F. F. Complex, Above Bank of Baroda, Vasco-Da-Garna, Goa.

... PETITIONER.

~ VERSUS ~

1. State of Goa, Through the Police Inspector, Crime Branch, Ribandar-Goa.

2. Adv. Shrikant Nayak, 69 years of age, Advocate, R/o Ramnathkar Housing Co-op. Society, Old Bazaar, Ponda-Goa.

3. Smt. Sharmila Sudesh Lotlikar, Widow of Sudesh Lotlikar, 56 years age, R/o. H. No. 59, Near Ramnathi Temple, Ramnath, Ponda-Goa.

4. Shri. Saurabh Sudesh Lotlikar, S/o. Late. Sudesh Lotlikar, 35 years of age, R/o. H. No. 59, Near Ramnathi Temple, Ponda-Goa.

...RESPONDENTS

APPEARANCES:

for the Petitioner Mr. Vishal Sawant, Advocate.

for the Respondent No.1 Mr. Nikhil Vaze, Additional Public Prosecutor.

For the Respondent No.2 Mr. Surendra Desai, Senior Advocate with Mr. Tejas Rane and Ms. Riddhi Ajgaonkar, Advocates.

CORAM : AMIT S. JAMSANDEKAR, J.

Dated : 9th April 2026

JUDGMENT

The Registry is directed to waive all the office objections and register the present Petition.

2.

Heard learned Counsel for the Petitioner.

3.

Rule. Rule is made returnable forthwith at the request and by consent of the Learned Counsel appearing for the parties. The learned Counsel appearing for the Respondents waive service.

4.

By the present Petition, the Petitioner has challenged the order dated 16/03/2026 passed by the District Judge III and Additional Sessions Judge, Panaji (the Learned Judge) By the impugned order, the learned Judge has called for the record and proceedings (R & P) from the JMFC 'C Court', Ponda, and the Revision Application filed by the second Respondent is kept for final hearing on 13/04/2026. 5.

The main contention of the Petitioner is that there was no necessity of calling for the R & P, and the order passed by the learned Judge has resulted in delaying the proceedings pending before the learned JMFC, Ponda. It is submitted that the proceedings have been pending since the year 2018, and considering that fact, the Learned Judge, in revision proceedings, ought not to have called for the R & P from the Court of the learned JMFC, Ponda.

6.

Heard the respective Counsel appearing on behalf of the parties. 7.

Considering the narrow controversy raised in the present Petition, the Petition can be disposed of with the following directions: i.

The Learned Judge has kept the Revision Application No. 18/2026 for hearing and final disposal on 13/04/2026. The

parties shall appear before the Learned Judge, on 13/04/2026 at 10.00 a.m.. for the hearing and final disposal of the Revision Application No. 18/2026.

ii.

The learned Judge shall hear the Revision Application finally on 13/04/2026. If the R & P, which the learned Judge has called for on 16/03/2026, has not reached the Court of the learned Judge, then the Petitioner shall provide a copy of the R & P, and the parties shall proceed with the Revision Application on the basis of the copy of the R & P filed by the Petitioner.

iii.

If the JMFC, Ponda has sent the R & P to the Court of the learned Judge, then the same shall be returned to the JMFC, Ponda, Goa, on or before 18/04/2026 and a copy of the same shall be provided by the Petitioner to the Learned Judge for record.

8.

The Rule is made absolute in the above terms. 9.

The Writ Petition is disposed of. There shall be no order as to costs. [AMIT S. JAMSANDEKAR, J.]