LAWS(BOM)-2021-2-168

SUBHASH MHAMAL MANDREKAR Vs. STATE

Decided On February 15, 2021
Subhash Mhamal Mandrekar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard Mr. Bhobe, learned counsel for the Petitioner and Mr. Dhargalkar, learned Additional Public Prosecutor for the State.

(2.) The challenge in this petition is to the judgment and order dated 6th November, 2019 made by the Sessions Judge, South Goa, at Margao and the order dated 9th January, 2019 by the learned JMFC, 'F' Court, Margao, rejecting the Petitioner's application under Section 311 of Cr. P.C.

(3.) The Sessions Judge in the impugned judgment and order dated 6th November, 2019 has held that no revision application was maintainable to question the JMFC's order dated 9th January, 2019. However, the Sessions Judge has decided the matter on merits as well since the contentions on merits were pressed before the Sessions Judge. This means that concurrently two Courts have held that the Petitioner's application under Section 311 of Cr. PC could not be allowed.