PERNEM MAGISTRATE'S ORDER QUASHED BY ADDITIONAL SESSIONS COURT

PANJIM: The Additional Sessions Judge, Panjim, Mr P V Sawaikar quashed the order passed by the Magistrate, Pernem directing the Superintendent of Police, North Goa to register an FIR against police officers, Mr Krishna Subhaji and Mr Sachin Narvekar, on the ground that the allegations made against them were incorrect.

On February 16, 2010, a complaint was filed by one Mr Hire M Parab with the Superintendent of Police, North Goa, against the said Mr Krishna Subhaji, ASI and Mr Sachin Narvekar, PSI, both attached to the Pernem police station.

In the complaint, it was alleged that the said officers committed a crime of framing incorrect writings on FIR register maintained by Pernem police station and on other documents thereby committing offence punishable under Section 218 of the IPC.

On March 30, 2010 the complainant was informed by the Sub –Divisional Police Officer, Mapusa that an inquiry has been conducted and it was revealed that name of one Raghunath Kale Parab was wrongly mentioned instead of Ranganath Kale Parab, in the copy of FIR due to oversight; and that the name has been correctly mentioned in the original complaint and the charge-sheet has been filed with the correct name.

However, the complainant filed a petition before the Magistrate seeking for a direction to register FIR against the police officers under Section 218 of IPC.

The Magistrate based upon the complaint filed by Mr Parab passed an order directing the Superintendent of Police, North Goa to register an FIR against the said officers under Section 156(3) of the CrPC.

Being aggrieved by the order, the officers challenged it before the Additional Sessions Judge, Panjim on the ground that such an order of the Magistrate was in excess of the parameters of Section 156 (3) of the Code of Criminal Procedure and as such was illegal and liable to be set aside.

Mr Galileo Telles appearing on behalf of the officers urged that the magistrate could not have directed registration of the FIR when inquiry was already conducted in the matter and the initiation of the proceedings is shear abuse of the process of the Court.

The Court, while setting aside the order of the magistrate, noted that ordering registration of the FIR against the petitioners who too are police officers, it was necessary for the Magistrate to call for the say of the Superintendent of Police, North Goa and the Sub-Divisional Police Officer, Mapusa so that the police offers are not unnecessarily harassed and pressurised.

Accordingly, Additional Sessions Judge, Panjim, held that the allegation made against the said officers that there was incorrect writing made only to save the accused number 1 on the face of records, is not correct.

The Court thereafter quashed the impugned order of the Magistrate, Pernem, thus cancelling the FIR registered against the said officers. (NT)