VIJAY NANALAL SHET Vs. STATE OF GOA

JUDGEMENT

(1.) RULE. Shri Thali waives service on behalf of the respondent. By consent of the learned Advocates taken up for hearing forthwith.

(2.) THE petitioner seeks quashing of the order dated 6-6-2001 of the learned Additional Sessions Judge in Revision Petition No. 66/2000 arising out of the order dated 3-11-2000 passed by learned Judicial Magistrate, First Class, at Panaji on application Exhibit 26 in cases No. 56 and 57/1997. The application Exhibit 26 was filed by the petitioner under section 319 Code of Criminal Procedure (Cri. P. C.) for adding Shri Madhusudhan Bhangui as accused in the said cases. By order dated 3-11-2000, the learned JMFC dismissed the said application under section 319 Cri. P. C.

(3.) BRIEFLY, a F. I. R. was registered under sections 120-B, 420, 468 and 471 I. P. C and 5 (1) (d), read with 5 (2) of Prevention of Corruption Act, 1947 against one Shri M. S. Bhangui and one Vijay Nanalal, the petitioner herein. After investigation, two charge-sheets were filed in the Court of the Judicial Magistrate F. C. Panaji, being Criminal Case No. 56/97/b under sections 420, 467, 468, 471 of I. P. C. and Criminal Case No. 57/97/b also under sections 420, 467, 468 and 471 of I. P. C. against the petitioner. After evidence was recorded by the JMFC and at the stage of recording the statement of the accused under section 313 Cri. P. C. , an application was moved by the petitioner herein under section 319 Cri. P. C. to add the said Shri Madhusudhan Bhangui, the then Branch Manager of Bank of India, Campal Branch, Panaji, as an accused. The said application having been rejected, the petitioner moved the Court of Additional Sessions Judge, Panaji in Criminal Revision Application No. 88/2000. After hearing the arguments on both sides, the learned Additional Sessions Judge dismissed the revision application holding that the learned Magistrate had not committed any illegality in dismissing the application under section 319 Cri. P. C. since the evidence on record did not show that Madhusudhan Bhangui had committed any offence under Prevention of Corruption Act or under the Indian Penal Code.