SANJAY SHANTARAM NAIK Vs. STATE

JUDGEMENT

(1.) These revision applications are filed by 29 out of 37 Accused persons charge-sheeted in respect of an incident that took place on 19/2/2008 at Panaji, in Goa. The Accused no. 1 Atanasio Monserrate is a Member of the Legislative Assembly of Goa, the Accused no.2 is Jennifer Monserrate, now a Minister in the Government, Accused no. 3 is Tony Rodrigues, the then Mayor of the Corporation of City of Panaji and other Accused persons. The said Accused no. 1 has not filed any revision application against the order impugned in these revision applications.

(2.) By the impugned order dtd. 12/9/2014, the Special Court for Central Bureau of Investigation (CBI) in Goa heard the Accused persons before charge and held that, prima facie, sufficient evidence was available to frame charges against the accused persons for offences under Ss. 143, 147, 148, 149, 153, 324, 325, 326, 332, 333, 427 and 435 of Indian Penal Code (IPC) and Sec. 3 of The Prevention of Damage to Public Property Act, 1984, (for short, Act of 1984).

(3.) According to the Applicants, not even a prima facie case is made out against them as regards the said offences. These applications were admitted to be heard together. While admitting the applications, by an order dtd. 4/12/2014, this Court granted stay of further proceedings in Sessions Case no. 4 of 2014, qua the applicants, until the final disposal of the applications.