KASHINATH JAIRAM SHETYE Vs. THE POLICE INSPECTOR

JUDGEMENT

(1.) HEARD Shri Menezes, the learned Counsel on behalf of the petitioners. Perused the record. This is a revision petition and is directed against order dated 18/12/2010 of the learned Special Judge/Sessions Judge, Panaji, by which the objection taken by the petitioners, for the respondents to be represented by Shri S.R. Rivonkar, Public Prosecutor has been rejected.

(2.) AS submitted by the learned Counsel, on a complaint/FIR filed by Shri Mauvin Godinho against Shri Manohar Parrikar alone Crime No.239/2006 dated 25/10/2006 was registered at the Panaji Police station under Sections 409, 421, 423, 431, 432, 463, 468, 471 r/w 120B IPC and Sections 10 and 12 of the Prevention of Corruption Act, 1988 and now is transferred to the CBI for the purpose of investigations and is being investigated by the respondents herein.

(3.) THE petitioner no.1 filed application dated 26/04/2010 to respondent no.1 contending that the various irregularities committed by the said core committee were not being considered and/or investigated by him. Thereafter, the petitioner no.1 filed an application dated 3/05/2010 purporting it to be an application under Section 156(3) of the Code (Code of Criminal Procedure, 1973) before the learned JMFC, Panaji. That application came to be disposed of by the learned JMFC by order dated 28/05/2010, after notice to the respondents. The petitioner no.1 then filed another application on 4/06/2010 purporting it again to be an application under Section 156(3) of the said Code. That application came to be rejected by the learned Special Judge/Sessions Judge by order dated 17/08/2010 which order has attained finality. By the said order, the learned Sessions Judge rejected the said application, inter alia, observing that it was not the case of the said petitioner that there was no investigation in the matter but rather that the investigation was one sided and intended only to target Shri Parrikar, the then Chief Minister of the State.