1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 77 OF 2009. Mr. Ires Rodrigues, Ribandar, Ilhas, Goa .. Petitioner (original Accused/Petitioner) Versus State By the Investigating Officer, & Police Sub Inspector, CID Crime Branch, Panaji, Goa. .. Respondents. (original complainant/respondent) Petitioner is in person. Ms. W. Coutinho, Public Prosecutor for the respondent. CORAM :- U. D. SALVI, J. DATE :- 25 st November, 2009. ORAL JUDGMENT : 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. 2 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. 4. The petitioner shall place before the learned Chief Judicial Magistrate, Panaji all such relevant material, which he wishes to rely upon to expose the vice of double jeopardy as contended by him. The learned Chief Judicial Magistrate, Panaji shall examine such material and shall pass 3 appropriate orders in that regard preferably on or before 31.12.2009. The learned Chief Judicial Magistrate, Panaji shall also examine the material placed by the prosecution before it and pass an appropriate order as to the objection regarding lack of ingredient of the offence alleged by the prosecution in the said criminal case. The learned Chief Judicial Magistrate, Panaji may call for the record and proceedings of Criminal Case No.IPC/83/2006/C for the purposes of evaluating the merits of the contentions raised by the petitioner. Rule is discharged with no order as to costs. U. D. SALVI, J. SMA