JACK SANTANA Vs. MARIA MARTHA BARRETO

JUDGEMENT

(1.) By this Revision application, the applicants i.e., the original accused persons have challenged order dtd. 7/2/2019 passed by the Court of Additional Sessions Judge, South Goa, Margao, whereby a Revision application filed by the respondent no.1 (original complainant) was allowed and the order of the Magistrate was set aside, with a further direction to the Magistrate to proceed in accordance with law.

(2.) The respondent no.1 filed a complaint under sec. 200 of the Cr.P.C alleging that the applicants herein had forcibly entered into a shop being run by her and that they indulged in damaging property. She also alleged that when she reached the said shop upon receiving information about such forcible entry by the applicants, she witnessed that her son was assaulted by the applicants and in the process a lady constable was also assaulted.

(3.) It appears that the Magistrate chose to proceed under sec. 202 (2) of the Cr.P.C by initiating an inquiry and taking evidence of witnesses on oath. The respondent no.1 i.e. the original complainant, deposed on oath in support of the complaint. The Magistrate recorded evidence of three other witnesses also. After perusing the contents of the complaint and the statements of the witnesses on oath, the Magistrate concluded that no case was made out for issuance of process. The Magistrate found that the material on record appeared to demonstrate that there was a dispute regarding possession of the shop and that a proceeding under sec. 145 of Cr.P.C could be undertaken.