IRES RODRIGUES Vs. STATE

JUDGEMENT

(1.) HEARD. Perused the writ petition and the annexures therewith.

(2.) RULE, made returnable forthwith. Respondent waives notice. Taken up for final hearing by mutual consent of the parties.

(3.) VICE of double jeopardy in the prosecution of the criminal Case No. 85/2007/a before the Chief Judicial magistrate, Panaji is contended by the petitioner in the present petition. The learned Additional Sessions Judge at mapusa while passing the order in Criminal Revision application No. 97/2009 rejecting the plea for quashing the order of issuance of summons in the aforesaid case expressed that the contending applicant may place relevant material exposing the vice of double jeopardy before the learned magistrate at the appropriate stage and afford an opportunity to the learned Magistrate to examine such material and pass an appropriate orders according to law. The petitioner herein is prepared to place such material before the learned Chief Judicial Magistrate, Panaji for seeking an appropriate orders in that regard. No interference is called for in the impugned order.