PANAJI
Barely days after he switched to the Bharatiya Janata Party, the Bombay High Court at Goa has quashed an FIR lodged by the Porvorim Police against former Porvorim MLA Rohan Khaunte for allegedly assaulting BJP office bearer Premanand Mhambre within the Goa Legislative Assembly Complex during the budget session last year.The court ruled that although a prima facie case was made out, since the nature of the allegations meant that at most it would have been a non-cognizable offence, the police had no authority to carry out an investigation without prior permission from the magistrate.
“It appears that though there is prima facie case made out of having committed offence under Section 323 of IPC, it being a non cognizable offence, no investigation is permitted by a police officer without the order of the Magistrate as contemplated under Section 155(2) of the Cr.P.C,” the Court comprising of Justice Revati Mohite Dere and M S Jawalkar said.
“As such, the FIR registered with respect to having committed an offence under Section 323 of IPC is also liable to be quashed and set aside. Consequently, the charge sheet on the basis of the said FIR is also liable to be quashed and set aside. The investigating officer is at liberty to take necessary steps as per the provisions of law,” the Court said.
The incident dates back to February 03, 2020 when during the the budget session of the Assembly in which Khaunte said he was of ‘great discomfort’ to the ruling BJP government since he had “raised various issues regarding performance of the Government and highlighted lack of proper administration by the Government led by Bharatiya Janata Party (BJP).”
Khaunte said that on the day of the incident while the petitioner and a former Chief Minister were walking out of the assembly hall, Mhambre came towards them, shook hands with them and exchanged pleasantries and then went his own way.
However, he said, Mhambre filed complaint with the speaker of the assembly alleging that the petitioner in an angry and furious manner gripped his hand and asked him as to why he was concerned about petitioner's properties and that he will show him his father's and mother's property calling on the Speaker to order a police inquiry.
