SHAMSUNDAR TARACHAND ADVANI Vs. CARLOS MAURICIO DABREU NORONHA

JUDGEMENT

(1.) This is an application filed under Art.134 of the Indian Constitution for leave to appeal to the Supreme Court against the judgement of my learned predecessor dated 20th January, 1970 in Criminal Reference No. 7/69 on the file of this Court.

(2.) The first respondent herein bad filed complaint in the J. F. C. M.'s Court at Panjim against the petitioners herein for offences under Ss.409 etc., I.P.C. In that case the petitioners herein filed a petition before the Magistrate contending that the facts mentioned in the complaint did not constitute any offence, that they had filed a civil suit in Bombay High Court for the decision of the civil nature of the dispute mentioned in the complaint and that the complaint was fit to be dismissed or its enquiry was fit to be stayed till the disposal of the civil suit filed in the High Court at Bombay. The learned Magistrate disagreed with the contention of the petitioners herein that the facts stated in the complaint did not constitute any offence, but he agreed with the contention of the petitioners that the enquiry of the complaint was fit to be stayed till the disposal of the suit filed in Bombay High Court by the petitioners. Against the order of the Magistrate, as far as it was concerned with staying the enquiry of the complaint, the first respondent herein filed revision petition in the Sessions Court at Panjim. The learned Sessions Judge, opining that the Magistrate was not right in staying the enquiry of the complaint made a reference to this Court to set aside the order of the Magistrate. My learned predecessor, by his order dated 20th January, 1970, agreed with the opinion of the learned Sessions Judge, set aside the order of the Magistrate staying the enquiry of the complaint and directed the Magistrate to proceed with the complaint and decide it as per law.

(3.) The petitioners have filed this petition stating that they want to prefer appeal to Supreme Court against the order of this Court dated 20-1-70 and that leave to appeal to Supreme Court may be granted to them.