RUDOLF FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) BY this common judgment propose to dispose off both these Criminal Miscellaneous Applications filed by the petitioners under Section 482 of the Criminal Procedure Code whereby they pray for quashing the proceedings in Sessions Case No. 57/1992 and the setting aside of the Order dated 18. 1. 1993 passed by the learned Additional Sessions Judge, Panaji, as far as the petitioners are concerned.

(2.) THE prosecution case is that the petitioner in Criminal Miscellaneous Application No. 17/1993 was arrested by Panaji Police Station on 21. 1. 1992 in C. R. No. 93/91 while seven others including the petitioner in Criminal Miscellaneous Application No. 36/1993 were arrested in the same C. R. on different dates. After the investigation was over the Panaji Police Station filed a charge-sheet against them and the case was committed to the Court of Sessions wherein it is pending before the Additional Sessions Judge vide Sessions Case No. 57/92.

(3.) THE petitioner in Criminal Miscellaneous Application No. 17/1993 is the President of a, society known as Goa Protectorst and which is based at Santa Cruz, Goa. Sometime on 17. 3. 1991 a news-item was published by one Anthony Fernandes in the newspaper 0 Herald from Panaji mentioning that the Goa Protectors were to start their own Matka racket in Goa. After the publication of this news two members of the Goa Protectors went to his residence and denied the truth of the news item having requested the said Anthony Fernandes who is the deputy news editor of the said newspaper to issue a clarification which he did in the issue of 18. 3. 1991. However, even after this clarification his office received phone calls from anonymous persons threatening him with dire consequences.