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2026 DAILYLAW 1192 (BOM)

JOAN MASCARENHAS E D'SOUZA v. STATE OF GOA THR PUBLIC PROSECUTOR AND 2 ORS

WPCR/46/2026 · 2026-06-22

Shri Amit S Jamsandekar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16 WPCR.46 OF 2026. 22nd June 2026 Siddhi IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 46 OF 2026 JOAN MASCARENHAS E D’SOUZA ... PETITIONER Versus STATE OF GOA THR. PUBLIC PROSECUTOR AND 2 ORS. ... RESPONDENT Mr. Kapil Kerkar, Advocate for the Petitioner. Ms. Swati Kamat Wagh, Additional Public Prosecutor holding for Mr. Nikhil Vaze, Additional Public Prosecutor for the Respondent No. 1. CORAM:- AMIT S. JAMSANDEKAR,J. DATED :- 22nd JUNE, 2026. P.C. 1. Heard learned counsel for the Petitioner. 2. On 31.12.2023, the Mapusa Police Station registered an FIR No. 238/2023 under Sections 153A, 295A, 506(ii) r/w 34 of the Indian Penal Code (IPC for short) and Sections 3, 4 and 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act. 3. After registering the FIR, investigation was carried out. Upon completion of the investigation, Police Sub Inspector of 2026:BHC-GOA:1178 16 WPCR.46 OF 2026. 22nd June 2026 Mapusa Police Station has filed “A Final Summary” report before the learned Judicial Magistrate First Class at Mapusa, Goa. 4. It is specifically stated in the summary report that there is no evidence available against the Petitioner. 5. The relevant portion of the summary report is reproduced below:- From the investigation conducted so far, statements on record and after all hectic efforts it is transpired that compliant is true, but there is no specific evidence came on record against the accused persons Mr.Domnic D Souza s/o Lourenco D Souza and Mrs. Joan Mascarenhas E D’souza w/o Domnic Dsouza both r/o H.No. 315/4, Tropawado, Sodiem, Siolim, Bardez, thus the investigation of this case is shelved at present and there are fewer chances to detect the case. 6. In view thereof, the Petitioner is entitled to relief as prayed for. 7. The petition is allowed in terms of prayer clause (A) as follows:- 16 WPCR.46 OF 2026. 22nd June 2026 (A) That this Hon’ble Court in exercise of its inherent jurisdiction under section 482 Cr.P.C. be pleased to quash and set aside FIR No. 238/2023 dated 31.12.2023 registered by the Mapusa Police Station which is pending investigation with the Respondent no. 2 i.e. the Police Inspector, Mapusa Police Station. 8. The petition stands disposed of. No order as to costs. AMIT S. JAMSANDEKAR, J. Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 23/06/2026 10:42:24