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State: in The Court of Judicial Magistrate of First Class at Mapusa Goa

The complainant filed an application seeking to recall witnesses and reopen the case, which was dismissed by the court. The complainant has now filed a writ petition with the high court challenging the lower court's order. In this application, the complainant is seeking a 4 week adjournment of the lower court proceedings scheduled for judgment, to avoid prejudice to the writ petition and allow the high court to hear arguments for a stay of the lower court proceedings pending the writ petition.

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2K views

State: in The Court of Judicial Magistrate of First Class at Mapusa Goa

The complainant filed an application seeking to recall witnesses and reopen the case, which was dismissed by the court. The complainant has now filed a writ petition with the high court challenging the lower court's order. In this application, the complainant is seeking a 4 week adjournment of the lower court proceedings scheduled for judgment, to avoid prejudice to the writ petition and allow the high court to hear arguments for a stay of the lower court proceedings pending the writ petition.

Uploaded by

efascx
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST

CLASS AT MAPUSA GOA.

Criminal Case No.192/S/2011/D/2019

State
...Complainant

Vs.

Shri. Damodar Volvoikar and Ors. ….Accused

And

Mr. Santosh Parab ..Complainant /Victim.

APPLICATION SEEKING
ADJOURNMENT OF THE PRESENT
MATTER.

MAY IT PLEASE YOUR HONOUR:

The Complainant above named most respectfully states and submits as


under :
1. The Complainant states that he has filed an Application
under S. 311 of the CPC seeking recall and reexamination
of the witnesses and issuance of fresh summons to some of
the prosecution witnesses on the ground that the
composition of the offences which were arrived at under S.
320 of the CrPC was completely under threat and
intimidation.

2. The Complainant states that this Hon'ble Court was


pleased to dismiss the said application vide the Order dated
12/03/2019 and was pleased to fix the matter on
03/04/2019 for judgment in view of the composition of the
offences under S. 320 CrPC.

3. The complainant states that being aggrieved by the said


Order of his Hon'ble Court he has preferred a Writ Petition
before the Hon'ble High Court assailing the said Order
dated 13/03/2019 which has been registered on Stamp
bearing no. STM No. 1352/2019.

4. The Complainant states that since the issue decided in the


Application under S. 311 of the CrPC dismissing the
withdrawal of the consent and recall of witnesses to
complete and conclude the Trial goes to the very root of
the matter and possibly would lead to an acquittal the
Complainant has also prayed for stay of the proceedings
before this Hon'ble Court pending hearing and final
disposal of the said Writ Petition in its relief clause.
5. The Complainant states that said matter would be
mentioned for urgent circulation before the Hon'ble High
Court and taken up for hearing after receipt of certain vital
documents which has been applied for form this Hon'ble
Court and matter would be argued on Ad-interim stay of
the proceedings before this Hon'ble Court.

6. The Complainant states that since the matter is listed for


judgment on 03/04/2019 if proceeded with would result in
making the Writ Petition filed before the Hon'ble High
Court in fructuous and further shall deprive the
Complainant of an opportunity to seek justice and
appropriate remedy under the law before the Constitutional
Court of law.

7. The Complainant in view of the same therefore humbly


prays this Hon'ble Court to adjourn the present matter by
four weeks and fix the said matter on any day convenient
to this Hon'ble Court after the four weeks so as to enable
the Complainant to avail its constitutional remedy under
the law enabling fair and just opportunity to seek justice.

Panaji Goa.
03/04/2019 Adv. For the Complainant.

AFFIDAVIT
I, _____________________, the Complainant do hereby on
solemn affirmation state and submit as under:

1. I say that I am filing the accompanying Application before this

Hon'ble Court.

2. I say that all that is stated by me in 1- 6 are true to my own

knowledge and belief and whatever stated in the remaining paras

is based on legal submissions and/or inferences of facts, which I

believe to be true.

3. I say that all that is stated by me in the aforesaid paras 1 to 2 of

this affidavit is true to my own knowledge.

Solemnly affirmed at Panaji –Goa,

on this 3rd day of April 2019.

D E P O N E N T.

Identified by me:

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