DAMODAR SAKHARAM NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. With the consent of the learned Counsel for the petitioner and the learned Additional Public Prosecutor made returnable forthwith and heard.

(2.) The short question is whether case under Section 319 of the Criminal Procedure Code is made out to proceed against the petitioner herein in Criminal Case No.39/07/2013/A which has arisen out of the charge sheet no.4/2013 registered against the brother of the petitioner one Uday Naik under Sections 324, 325 of the Indian Penal Code.

(3.) It appears that in the course of the deposition of the complainant in the said criminal case, he has made a statement that the accused along with his brother i.e. the petitioner herein had assaulted him by giving him kicks after he had fallen down. It is on the basis of the said statement that the learned JMFC, Vasco da Gama has decided to proceed against him in the said criminal case, pursuant to which summons have been issued against the petitioner giving rise to the filing of the above petition questioning the issuance of summons.