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Nicholas John Fernandes & Anr v. State And Ors

Nicholas John Fernandes & Anr v. State And Ors

(In The High Court Of Bombay At Goa)

CRIMINAL WRIT PETITION NO. 26 OF 2021 (F) | 17-10-2022

1. Heard Ms. Collasso, learned Counsel for the petitioners and the learned Public Prosecutor for the respondents.

2. Learned Counsel for the petitioners has brought to the notice of the Court, a judgment and order dated 18 September 2021 passed by the Division Bench of this Court (Dipankar Datta, CJ. and M.S. Sonak, J.) in Criminal Writ Petition No. 511/2021 (F), whereby the Division Bench, quashed the chargesheet insofar as it arraigns the petitioners as co-accused in connection with FIR No. 170/2017 registered with Calangute Police Station, Goa for the offence punishable under Section 20(b)(ii)(a) of the NDPS Act, which is subject matter of Criminal Case No. 54/2019, pending before the learned Additional Sessions Judge at Mapusa, Goa. The operative order of the Division Bench, is required to be noted by the learned Additional Sessions Judge, which reads thus:

“For the reasons aforesaid, we hold that this writ petition sets up an exceptional case where compelling the petitioners to attend a full-fledged trial would amount to abuse of the process of the Court and interest of justice demands interference at this stage. The police report under Section 173(2) of the Cr.P.C., insofar as it arraigns the petitioners as co-accused, stands quashed. Consequential orders may hereafter be passed by the competent criminal court in accordance with law.”

3. Accordingly, in view of the observations as noted above, the learned Additional Sessions Judge shall give effect to the said orders passed by the Division Bench, by passing appropriate consequential orders, which requires the present petitioners to be struck off from the proceedings. Let such exercise be undertaken within two weeks from today.

4. Disposed of in the aforesaid terms.

5. Parties to act on an authenticated copy of this order.

Advocate List
  • Ms. Caroline Collasso

  • Mr. S.G. Bhobe

Bench
  • HON'BLE MR. JUSTICE G.S. KULKARNI
Eq Citations
  • LQ
  • LQ/BomHC/2022/3752
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of chargesheet — Coaccused petitioners in connection with FIR registered for offence punishable under S. 20(b)(ii)(a) NDPS Act — Chargesheet quashed by Division Bench of High Court — Additional Sessions Judge directed to give effect to said orders passed by Division Bench by passing appropriate consequential orders