REGGIE FERNANDES Vs. POLICE INSPECTOR MAPSU GOA

JUDGEMENT

(1.) Heard Mr. Nitin Sardessai, learned Senior Advocate appearing for the petitioner, Mr. S. D. Lotlikar, learned Advocate General appearing for the respondents No.1, 2 and 4 and Mr. Aires Rodrigues, learned Advocate appearing for the respondent No.3.

(2.) Rule. Learned Counsel appearing for the respondents waive service. Heard forthwith, with the consent of the learned Counsel.

(3.) Briefly, the case as stated by the petitioner is that a Memorandum of Understanding came to be executed between the petitioner and one Diago De Souza somewhere on 10/02/2009 wherein a consideration of Rs.80,00,000/- was fixed and also agreed that the possession of the subject property would be transferred on payment of the total consideration. Subsequently, a Sale Deed was executed on 19/02/2009 between the petitioner and said Diago De Souza. Thereafter, on 26/02/2009, another Memorandum of Understanding was entered into between the petitioner and the said Diago De Souza deciding the manner in which the consideration would be paid. It was also agreed that the purchasing party shall not take or claim possession of the said property till the consideration of Rs.80,00,000/- was effected. It was also decided that until such time, the said Diago De Souza would not sell, transfer, mortgage or create any third party rights in respect of the said immovable property. On 23.3.2011, said Diago De Souza and his wife entered into a Sale Deed with one Francisco Macario De Souza in order to sell the said property, pursuant to which, the petitioner herein filed a suit for cancellation of the Sale Deed dated 19/02/2009 and for a permanent injunction which is pending before the Civil Court. Subsequently, on 3/2/2012, the petitioner filed an FIR against said Diago De Souza in Mumbai for offences punishable under Sections 467, 468, 469, 471 and 420 of I.P.C.. The respondent No.3 filed an FIR against the petitioner for the offences punishable under Sections 447, 427, 506 and 34 of I.P.C. It is further contended by the petitioner that on 17/6/2015, a notice came to be issued by the Office of the Deputy Collector and S.D.M. for initiating proceedings against the petitioner. It is further pointed out that Report No.21/15 under Section 145 of Cr.P.C. was filed with the Magistrate pursuant to another FIR lodged against the petitioner. In view of such FIR, the petitioner also sought an interim bail. It is further pointed out that pursuant to receipt of such notice from the Deputy Collector and S.D.M. preliminary objections were raised by the petitioner that the matter in respect of said proceedings is already pending and hence, the same ought to be dismissed. Being aggrieved by the receipt of the said notice and the proceedings initiated by the Magistrate, the petitioner has filed the present petition.