WEDNESDAY, MAY 22, 2024
Team Herald
PANJIM: The High Court of Bombay at Goa on Monday quashed and set aside proceedings against former Deputy Chief Minister Dayanand Narvekar and 10 others in a rioting case reported during 2012 Assembly elections at Aldona.
The Court closed the proceedings stating that no purpose would be served in continuing with such matter.
The petitioners had filed a criminal writ petition challenging the order passed by the Judicial Magistrate First Class (JMFC), Mapusa, in issuing process against them for the offences punishable under Sections 143, 147, 504, 506 read with 149 of the Indian Penal Code (IPC).
The complainant, who was not present at the spot, filed the complaint only on the basis of some information that cash was being distributed from the office of the petitioner. Accordingly, the officials of Election Commission visited the spot and found no evidence of distribution of cash.
Arguing on behalf of the petitioners, Adv Carlos Alvares Ferreira said that it was election time and therefore, the supporters of the petitioner had gathered near his office. Such gathering cannot be termed as unlawful assembly, unless, any overt act was conducted by such assembly. He submitted that even a large mob present at the spot peacefully cannot be termed as unlawful assembly.
The public prosecutor urged the Court not to entertain the criminal writ petition for the simple reason that the Magistrate while rejecting the application filed by the petitioners clearly observed that there was material to explain the substance of accusation.
He told the Court that even Sessions Court in the revision filed by the petitioners, upheld the order passed by the Magistrate.
In his order, Justice B P Deshpande observed that the petitioner Narvekar was contesting on a Congress ticket, whereas, the complainant and four witnesses were supporters of the rival party. It was during election time and thus, filing such complaints and allegations against each other was but natural. However, the matter clearly showed that ingredients of the offending section were not found established so as to issue process and to proceed with the trial. Accordingly, the Court used extraordinary power available under Section 482 of CrPC in the present situation for the purpose of closing the proceedings as no purpose would be served in continuing with such matter.
