SHRI RAJESH FALDESAI, SON OF KHUSHALI FALDESAI Vs. STATE OF GOA, THROUGH POLICE INSPECTOR, OLD GOA POLICE STATION, OLD GOA, TISWADI, GOA

JUDGEMENT

(1.) Both these cases are between the same parties and can be conveniently disposed off by this common judgment.

(2.) The challenge in Criminal Writ Petition No. 91/2015, filed by the original accused no. 1, against the respondent-State, is to the order dated 22.03.2011, passed by the learned Assistant Sessions Judge, Panaji in Sessions Case No. 21/2010, by which, the learned Assistant Sessions Judge has directed charge to be framed against all the accused, including the petitioner, under Section 307, 120-B read with Section 34 of IPC and Sections 4 and 25 of the Arms Act. That order has been confirmed by the learned Additional Sessions Judge, Panaji vide judgment and order dated 08.05.2015, in Criminal Revision Application No. 23/2011.

(3.) It appears that during the pendency of the petition, the respondent-State filed an application (Exhibit-D/59) before the learned Additional Sessions Judge on 06.01.2016, for permission to produce the CDR of cell phone No. 9326077733. According to the learned Public Prosecutor, the CDR details are relevant for the purpose of deciding the issue of framing of charge. That application was dismissed by the learned Additional Sessions Judge by order dated 16.07.2016, which order is subject matter of challenge, at the instance of the State, in Criminal Application (Main) No. 238/2016.