SANKET JOSHI Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr Athnain Naik, learned counsel for the petitioners and Mr S. G. Bhobe, learned PP for the State.

(2.) By these petitions the petitioners seek quashing of the First Information Report No.13/17 (FIR) dtd. 4/2/2017 registered by the Mormugao Police Station and the Charge-sheet No.06/2017 dtd. 20/3/2017 which came to be registered as Criminal Case No.IPC/14/S/2017/A before the Judicial Magistrate First Class at Vasco- da-Gama, Goa under Ss. 143, 147, 148 and 188 r/w. Sec. 149 of the Indian Penal Code (IPC).

(3.) The petitioners are arrayed as accused pursuant to the aforesaid FIR registered by the Mormugao Police Station. The respondent no.2 i.e. the Police Inspector, Mormugao Police Station who is the complainant, says in his complaint that the election of the Goa Legislative Assembly were held on 4/2/2017 between 7.00 hrs. to 17.00 hrs. On the same day at around 18.35 hrs. information was received from PCR Panaji that two groups are fighting near Laxmi Narayan Temple at Headland Sada. Respondent no.2 rushed to the spot and noticed two groups fighting on the road. Respondent no.2 intervened and separated the groups. At that moment, one of the accused i.e. the petitioner in Writ Petition No.1054/2024 (F) Pratosh Pirankar assaulted one Pramod Morajkar who was a co-accused in the present case, with a knuckle duster on his forehead thereby causing bleeding injury. Said Pramod Morajkar was taken to Sanjivani Hospital, Baina, Vasco, where he was given treatment. He was then referred to the Goa Medical College and later on discharged. It is alleged that the clash was between the supporters of the two rival political parties. It is alleged that both the parties violated the model code of conduct by taking out a rally without permission of the competent authority.