SHAILESH H BAJAJ Vs. SESA GOA LIMITED

JUDGEMENT

(1.) THE petitioner herein is an accused against whom process has been issued, upon a complaint filed by respondent no.1, under Section 447 and 504 of I.P.C. and now is before this Court, invoking extraordinary jurisdiction under Articles 226, 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, and praying that the proceedings in the said Criminal Case No.147/04/C be quashed.

(2.) THE petition was admitted by Order dated 03.08.2005 and therefore requires to be now disposed of, though it has been held by this Court that an Order issuing process is revisable by the Court of Sessions, by Judgment dated 06.04.2005 in Criminal Miscellaneous Application No.54/05 (at Goa) and by Judgment dated 8/21.06.2005 in Criminal Miscellaneous Application No.550/2005 (at Bombay). It is well settled that when there is efficacious alternate remedy, a writ petition generally ought not to be entertained. That is a self imposed limitation.

(3.) THE petitioner is the son and attorney of his mother who is the share holder of the Complainant which is a Company. A complaint bearing no.4/S/2000 came to be filed before the 14th Court at Girgaum at Bombay, against the Directors of the Complainant's subsidiary and with a view to assist the service of summons issued in the said case, the petitioner accompanied by one Constable came to serve the said summons on one of the Directors of the Complainant namely - Mr. Mukherji at their office situated at Patto, Panaji. It is stated by the petitioner that he had taken a pass to enter the said office but it is the allegation of the Complainant that one Mr. Chodankar and one Mr. Muzawar, had accompanied the said police personnel to the cabin of Mr. Mukherjee and no sooner did the police personnel and Mr. Chodankar and Mr. Muzawar entered the cabin of Mr. Mukherjee, the petitioner/accused violently pushed the door of Mr. Mukherjee's cabin and despite Mr. Mukherjee's request not to enter his Cabin, barged into his Cabin and in an insulting manner pointed a finger at Mr. Mukherjee and shouted looking at the police personnel that the person he was pointing at was Mr. Mukherjee and when Mr. Mukherjee requested the petitioner/accused to move out of his cabin, the accused refused to come out and continued to stay there with an intention to insult and annoy Mr. Mukherjee and started defiantly arguing with Mr. Mukherjee. The Complainant further alleged that Mr. Muzawar went to the accused and requested him to go out of the cabin and the accused told Mr. Muzawar to mind his own business and then the security personnel of the Complainant were summoned but by the time the security personnel came, Mr. Muzawar succeeded in taking the accused out of the cabin of Mr. Mukherjee. The allegation of the Complainant was that the accused by entering into the cabin of Mr. Mukherjee, with intent to insult and/or annoy him and thereafter remaining unlawfully there with intent thereby to insult and/or annoy Mr. Mukherjee and consequently to insult and/or annoy the Complainant, has committed an offence of criminal trespass, punishable under Section 447 of I.P.C. and further that the accused had intentionally insulted Mr. Mukherjee, the Director of the Complainant and thereby gave provocation to the Complainant, intending or knowing it to be likely that such provocation would cause the Complainant to break the public peace or to commit any other offence and thereby committed the offence punishable under Section 504 of the I.P.C.