SHRI DIAGO PEREIRA Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The learned Counsel for the respondent no.1 waives service. Heard finally by consent of the parties.

(2.) By this petition, the petitioners are seeking quashing of FIR bearing No.133/2015 dated 16/12/2015 of P.S. Verna, by which offences punishable under Sections 323, 504, 506 r/w Section 34 of IPC and Section 8 of the Goa Children's Act, 2003 (for short, Act of 2003) and Section 3 & 25 of the Arms Act have been registered against the applicants.

(3.) The brief facts are that the petitioner Aleixo happens to be the Bhatkar of the complainant Custodio Pereira, the third respondent herein. The fourth respondent is the son of the third respondent. The fourth respondent is a teacher and is conducting tuition classes at his house. As per the complaint lodged by the third respondent, on 16/12/2015 he was sick. At around 9.45 p.m., the complainant was sitting outside his house when the petitioner Aleixo was seen coming towards his house. It was alleged that the petitioner Aleixo started hitting Milroy and the students who had gathered for tuition. It was also alleged that Aleixo removed his rifle and started chasing the students, "firing all over", alongwith the petitioner Diago. It was also alleged that the petitioner Aleixo hit the complainant with a chair and slapped him and abused him and his family members. On such a complaint the offence came to be registered as aforesaid and investigation is stated to be in progress.