IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO.27/2003 M. John Varghese, alias M.J. Varghese, C/o. Varghese & Co., CPWHOT of India Cements Limited, F-9, D Phase, Apna Bazar, Margao, Goa. .... Applicant. V/s. 1. Mr. Umesh Gaokar, Station House Officer, Margao Town Police Station, Margao, Goa. 2. Mr. Shiresh Thorat, Dy.S.P., Margao, Goa. 3. The Director General of Police, The State of Goa, represented through the Public Prosecutor, 4. The Public Prosecutor, State of Goa, with his Office at Panaji, Goa. .... Respondents. Mr. Valmiki Menezes, Advocate for the applicant. Ms. Winie Coutinho, Addl. Public Prosecutor for the respondents. CORAM : P.V. HARDAS, J. DATE : 7TH MARCH, 2003. ORAL JUDGMENT : By consent of parties, this Criminal Misc. Application under Section 482 of the Code of Criminal Procedure is taken up for final hearing. 2. This Criminal Misc. Application under - 2 - Section 482 of the Code of Criminal Procedure has been filed by the applicant, who is the original complainant in Criminal Case No.32/P/01/D pending on the file of the Judicial Magistrate, First Class, Margao. In the complaint case, the complainant primarily seeks relief under Section 156(3) of the Code of Criminal Procedure for investigation of the offence punishable under Sections 129 B, 292, 307, 469, 505, 506, read with 34 of the Indian Penal Code. It is needless to refer to the other facts, but suffice it to say that the present applicant moved the Criminal Misc. Application 65/2001/D for a prayer to direct the Investigating Officer to record the F.I.R. and register the offence. The learned Magistrate, by his order which is impugned in the present petition dated 8.8.2002, rejected the said application and declined to grant the relief to the applicant. The applicant, thus, being aggrieved, filed the present application. 3. At the outset, Ms. Winie Coutinho, the learned Addl. Public Prosecutor has very fairly stated that the Investigating Officer would record the F.I.R. and register the offence. In view of this, the relief which is prayed for by the applicant stands granted to him and no grievance is sustainable. 4. In view of this, the order impugned in the - 3 - present application, passed by the learned Magistrate dated 8.8.2002, in Criminal Misc. Application No.65/2001/D, in so far as the learned Judicial Magistrate declining the relief of recording the F.I.R. is quashed and set aside. The Criminal Misc. Application No. 27/2003 is, accordingly, allowed with no order as to costs. P.V. HARDAS, J. ssm.