PRAKASH HANUMANT NAIK Vs. POLICE INSPECTOR

JUDGEMENT

(1.) Heard Shri Kerkar, learned counsel for the petitioner and Shri Bhobe, learned Public Prosecutor for the respondents-State.

(2.) The challenge in this petition is to the order dtd. 29/5/2023 passed by the revisional court. The petitioner is the original accused no.2. The petitioner's application filed before the trial court under sec. 258 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short) came to be allowed by the order dtd. 27/12/2022. This order passed by the trial Court was challenged before the revisional court by the State of Goa. The revisional court has allowed the revision filed by the State. This is the impugned order. The petitioner, after carrying out amendments, has also challenged the order dtd. 5/1/2022 passed by the trial court framing charge against the petitioner under sec. 223 of the Indian Penal Code (IPC, for short).

(3.) Briefly stated, the facts are as under : On 25/8/2020, the Mapusa Police Station registered FIR vide Crime No. 230/2020 under Sec. 223 and 224 of the Indian Penal Code. (IPC, for short). The petitioner-accused no.2 at the relevant time was working as a Jail Guard. It is alleged that the accused no. 2 was negligent in the performance of his duty as a result of which, the accused no.1 an under trial prisoner escaped from custody. The investigation against the petitioner proceeded under Sec. 223 of IPC. The accused no.1 was proceeded with under Sec. 224 of IPC. A final report under Sec. 173 of the Cr.P.C. was filed on 1/7/2021.