STATE OF MAHARASHTRA Vs. JOSE CAESAR D'SOUZA

JUDGEMENT

(1.) Heard learned Public Prosecutor on behalf of the Applicant and learned Counsel on behalf of the Respondents.

(2.) Admit. By consent heard forthwith.

(3.) Challenge in this petition, filed under Section 397(2) of the Code of Criminal Procedure, 1973 (Code, for short) is to the Order dated 11-5-2007 of the learned Additional Sessions Judge, Panaji by which the learned Additional Sessions Judge has quashed the proceedings initiated under Section 133 of the said Code at the instance of the Urban Health Officer, Mapusa, inter alia, on the ground that the learned S.D.M. could not have taken cognizance as the jurisdiction to take action was entrusted to the Health Officer under the provision of Section 40 of the Goa, Daman and Diu Public Health Act, 1985.