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Judgment
F.M. Reis, J.—Heard Shri V. Palekar, learned Counsel appearing for the petitioners and Shri C. A. Ferreira, learned Public Prosecutor appearing for the respondent. Rule. Heard forthwith by consent of the learned Counsels.
Shri C. A. Ferreira, learned Public Prosecutor waives service on behalf of the respondent.
The above petition challenges the judgment passed by the learned Additional Sessions Judge, South Goa, Margao, in Criminal Revision Application No. 64 of 2010 dated 11.07.2011 whereby the revision filed by the petitioners challenging the order dated 15.04.2010 passed by the learned J.M.F.C.,Margao, in Criminal Case No. 19/MWA/2010/11 issuing the process against the petitioners, came to be rejected.
During the course of the hearing of the above petition, Shri V. Palekar, learned Counsel appearing for the petitioners has pointed out that the learned Additional Sessions Judge, South Goa, Margao, has failed to consider the order passed by the authority in Case No. CLE/(PWA-7)/2009 dated 04.05.2010 whereby the petitioners were held not liable to comply with the directions of the respondent in connection with the wages period from June, 2009 to October, 2009. The learned Counsel further pointed out that the respondent is trying to prosecute the petitioners for non payment of the amount for the subsequent period ending in December, 2009, in view of a subsequent inspection carried out by the Inspector. The learned Counsel further pointed out that in view of the said order passed on 04.05.2010, the question of holding the petitioners responsible for the payment of the amount for the subsequent period would not arise.
On the other hand, Shri C. A. Ferreira, learned Public Prosecutor appearing for the respondent fairly concedes and states that the order dated 04.05.2010 was not considered by the learned Additional Sessions Judge, whilst disposing of the revision filed by the petitioners.
Considering the facts and circumstances of the case, I find that the impugned order passed by the learned Additional Sessions Judge, dated 11.07.2011 stands vitiated for non consideration of the said order dated 04.05.2010. Taking note of the peculiar facts of the case, I find it appropriate that the learned Additional Sessions Judge should be directed to decide the revision preferred by the petitioners a fresh after considering the said material produced by the petitioners. In view of the above, I pass the following:
ORDER
(i) The impugned order dated 11.07.2011 passed in Criminal Revision Application No. 64 of 2010 is quashed and set aside.
(ii) Criminal Revision Application No. 64 of 2010 is restored to the file of the learned Additional Sessions Judge, South Goa, Margao.
(iii) The learned Additional Sessions Judge is directed to decide the said revision a fresh in the light of the observations made herein above in accordance with law. All the contentions of the parties on merits are left open.
(iv) Rule is disposed of in above terms.
(v) The petition stands disposed of accordingly.
(vi) The parties are directed to appear before the learned Additional Sessions Judge, South Goa, Margao, on 26.04.2012 at 2.30 p.m.