CAJETAN CARDOZ, GENERAL MANAGER OF SWASTIK CRUISE Vs. POLICE INSPECTOR, PORVORIM POLICE STATION, PORVORIM, GOA

JUDGEMENT

(1.) Rule, made returnable forthwith. Shri Amonkar, the learned Additional Public Prosecutor waives service on behalf of respondent nos.1 and 3. Heard finally by consent of parties.

(2.) By this petition under Article 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure (the Code, for short), the petitioner is seeking quashing of FIR No.163/2016, registered with Police Station, Porvorim for the offences punishable under Sections 353 and 506(ii) of the Indian Penal Code (IPC, for short).

(3.) The brief facts are that Mr. Captain James Braganza, Captain of Ports/ Head of the Department, River Navigation had lodged a complaint on 15/11/2016 to the Superintendent of Police, Porvorim, Goa, alleging that on 08/11/2016, when one Mr. Vinod Kubal, Department Inspector was deputed to Betim Jetty for controlling traffic flow, the petitioner made an attempt to park one of his vehicles at the Betim Ferry Ramp, for which the Department Inspector Mr. Kubal objected. This happened at about 5.45 p.m. In the complaint, it is alleged that the petitioner started arguing with Mr. Vinod Kubal and threatened him of dire consequences. Except this, there are no allegations of any overt act attributable to the petitioner. On the basis of the said complaint, the aforesaid offence under Section 353 read with Section 506(ii) of IPC, has been registered and the investigation is stated to be in progress.