ANNE MESSIAS GOMES Vs. STATE OF GOA

JUDGEMENT

(1.) The present Petition is filed challenging the legality and propriety of the impugned order dated 10.02.2020 in Criminal Case No. 102/S/2016/B passed by the Judicial Magistrate First Class at Vasco da Gama, Goa.

(2.) The petitioner submits that he is accused in the above criminal proceeding for having committed offence under Sections 279 and 337 of IPC. The applicant moved an application under Section 311 of Cr.P.C. for recalling the complainant as there is a previous statement made in the claim petition on oath, which was contradicting his statement before the learned JMFC, Vasco. The said application dated 25.07.2019 was withdrawn by the petitioner and another application dated 11.11.2019 was moved under Section 311 of Cr.P.C. to re-examine the complainant as defence witness and to produce documents in support of her case. However, re-examination was not pressed.

(3.) Thereafter, the petitioner moved an application under Section 315 of Cr.P.C. to allow to examine herself in defence, which was allowed. While her chief examination was going on, she filed application dated 23.01.2020. The said application dated 23.01.2020 came to be dismissed.