ANACLETO VIEGAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Taken up for final hearing, by consent.

(2.) THIS Criminal Miscellaneous Application is filed by the applicant/original accused No. 6 Advocate Anacleto Viegas, being aggrieved by the judgment and Order dated 28th August, 2000 passed by the Additional Sessions Judge, South Goa, Margao in Criminal Revision Application No. 19 of 2000, dismissing the revision application by the present applicant and directing the parties/accused to appear before the trial Court for further proceedings. The said revision was directed against the order dated 3rd March, 2000 passed by the learned Chief Judicial Magistrate, Margao, who by his order dismissed the application of the applicant who himself is an accused in Criminal Case No. 397/s/90/a.

(3.) FEW facts which are required to be stated are briefly narrated as follows :-nitially, a charge-sheet was filed only against one Freddy Dias, who is arraigned as respondent No. 2 herein, in respect of countermanding the election for Mormugao Constituency under No. 157/90 which came to be registered as Criminal Case No. 397/90/b. Subsequently, the said Freddy Dias filed a written plea dated 8th January, 1991 before the learned Judicial Magistrate, First Class in the said case. Subsequently, charge-sheet No. 59/91 was filed against seven persons including the said Freedy Dias which came to be registered as C. C. No. 150/s/91/d and later on another charge-sheet No. 71/91 was filed against all the said persons named in the impugned order, which came to be registered as C. C. No. 188/91/d. It appears that the Cases No. 150/s/91/d and 188/91/d were annexed to the original Criminal Case No. 397/90/d for the purposes of avoiding duplicity.