VIRAJ GOVEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD Mr. Dessai, learned Counsel for the petitioner and Mr. Rivankar, learned Public Prosecutor for the respondent.

(2.) RULE . Rule made returnable forthwith. By consent, heard forthwith.

(3.) A complaint dated 08/12/2012 was lodged by Mrs. Joanita Pereira with Colva Police Station against the petitioner and others for criminally trespassing into her property bearing Survey No. 173/1 and causing damage by cutting and burning mango trees. F.I.R. No. 4/2012 was registered for offences punishable under Sections 447 and 427 read with Section 34 of I.P.C. and upon completion of investigation, chargesheet was filed before the learned Chief Judicial Magistrate at Margao, Goa which came to be registered as Criminal Case No. 240/S/12/A. On 16/07/2012, the learned Chief Judicial Magistrate took cognizance of the said case and issued summons to the accused persons. After hearing the arguments before charge, the learned Chief Judicial Magistrate, by order dated 30/07/2014, held that sufficient prima facie evidence is found from the complaint and documentary evidence annexed to the complaint, to frame the charge for offences punishable under sections 447 and 427 read with Section 34 of I.P.C. against the accused nos. 2 and 4. The petitioner, who is the accused no. 2, is aggrieved by the above order and has filed the present writ petition.