RUBEN FRANCO Vs. STATE

JUDGEMENT

(1.) Rule. Heard forthwith with the consent of the learned Advocates. Learned Public Prosecutor appearing for the respondents waives service.

(2.) This petition takes exception to the order dated 04.03.2016 passed by the learned JMFC at Mapusa and that passed by the learned Additional Sessions Judge at Mapusa dated 27.02.2018 by invoking the jurisdiction of this Court under Article 227 of the Constitution of India and Section 482 of the Criminal Procedure Code.

(3.) Heard Ms. A. Nagvenkar, learned Counsel appearing on behalf of the petitioner who invited attention to the complaint and submitted that the same was lodged against the petitioner out of personal vengeance. The petitioner had sought for a discharge from the proceedings before the learned JMFC who rejected the said plea and ordered charges to be framed against him under Sections 324 and 427 of the Indian Penal Code. The petitioner took the matter in revision before the learned Sessions Court and the learned Additional Sessions Judge by the order dated 27.02.2018 refused to interfere with the order passed by the learned Magistrate and dismissed the revision application thereby confirming the charges against the petitioner under Sections 324 and 427 of the Indian Penal Code.