NILESH S. RANE Vs. RAVIKANTH YADAV

JUDGEMENT

(1.) Heard Mr. Pangam, learned counsel appearing on behalf of the petitioner and Mr. Amonkar, learned Additional Public Prosecutor appearing on behalf of respondent no. 2. Respondent no.1, though duly served, has been remaining absent.

(2.) By this petition, the petitioner, working as Police Inspector of Calangute police Station, has taken exception to the order dated 28.11.2013 passed by the learned Judicial Magistrate, First Class, at Mapusa (Magistrate, for short) in Criminal Miscellaneous Application No. 548/2013/B thereby directing the Police Inspector of Calangute Police Station or any other officer in charge to register the FIR on the basis of complaint dated 28.10.2013 filed by respondent no.1 herein and to conduct detail investigation of the offences as narrated in the complaint and to file report before the Magistrate.

(3.) Respondent no.1, in his complaint dated 28.10.2013 to the Police Inspector, Calangute Police Station, inter alia, alleged that on several occasions, the petitioner visited the premises namely Mehfil Bar & Restaurant, situated at Naika Wada, Calangute, of which he is the manager and without any justification directed closure of the business including restaurant and pub. It was specifically complained that on 18.9.2013 the petitioner along with other police personnel barged into the said premises and started assaulting the customers. It was alleged that the petitioner and Vinod Naik, a police constable, demanded an amount of Rs. 50,000/- as monthly bribe in order to allow to operate the said business peacefully. It was further alleged that the petitioner and said Vinod had threatened that in the event of failure to pay the said amount, they would falsely implicate respondent no.1 in a drug case or for prostitution and consequently take him into police custody and assault him. Since no action was taken by the Calangute Police Station, similar complaint dated 5.11.2013 was made by respondent no.1 to the Superintendent of Police(N), Porvorim, Bardez Goa. Since no action was taken by the Superintendent of Police, respondent no. 1 approached learned Magistrate with an application under Section 156(3) of the Criminal Procedure Code, 1973 ("Cr.P.C.", for short) which came to be registered as Criminal Miscellaneous Application no. 548/2013/B.