KEDAR KAKODKAR Vs. AUDUTH TIMBLO

JUDGEMENT

(1.) Heard Mr. R. Pai, learned Counsel for the petitioner and Mr. Sudesh Usgaonkar, learned Counsel for the respondent. Rule. By consent returnable forthwith.

(2.) By this petition, the petitioner challenges the criminal proceedings initiated against him by the respondent before the Chief Judicial Magistrate, panaji in Criminal Case No. 868/oa/ni/2005/a.

(3.) Per contra, Mr. Usgaonkar, learned Counsel for the respondent fairly conceded that in view of judgment in Maharaja Developer's case , the respondent / complainant ought to have been examined before issuance of process. However, he submitted that the matter has to be remanded to the magistrate to proceed under Chapter XV of Criminal Procedure Code and at this stage, the accused has no right to be heard. According to learned Counsel, it is for the Magistrate to decide what course he chooses to adopt in the case in terms of Chapter XV of the Code.