JIVBA DALVI HAS TO PAY A FINE OF RS 2500 FOR DELAYING TO FILE AN APPEAL IN MAHANAND NAIK ACQUITTAL

PANJIM : The high court of Bombay at Goa on Monday directed police inspector (PI) Jivba Dalvi to pay Rs 2,500 for delaying filing a criminal appeal against the acquittal of alleged serial killer Mahanand Naik by a Margao court.
A division bench comprising Justice S A Bobde and Justice F M Reis passed the order after the hearing of an application filed by the state to condone the delay of 370 days in filing the appeal.
The application was filed along with a criminal appeal filed by the state, challenging an order passed on March 30, 2010, by suspended additional district and sessions court judge Desmond D`Costa, who acquitted Mahanand in a murder case.
During the hearing, public prosecutor Carlos Ferreira told the court that the 370-day-delay was caused due to station house officer (SHO) Dalvi who retained the file at the Verna police station. He did not forward it to the state government for filing an appeal as provided under Section 378 (leave to appeal) of the Criminal Procedure Code. He did this because the public prosecutor (PP) had put a remark on the file saying that it was `not a fit case for filing an appeal`.
The bench thereafter inquired from Ferreira whether the department would be initiating action against the SHO for retaining the file with the Verna police station.
Ferreira replied that it has been proposed that appropriate action would be taken against Dalvi for keeping the file at the station without forwarding it to the government.
Naik`s advocate Shailendra Bhobe opposed the application and argued that the Supreme Court has held that a delay in preferring an appeal may be condoned for "sufficient cause". However, the event or circumstances arising after the expiry of the period of limitation cannot be looked into to condone the delay.
The Bench, thereafter, observed that the delay was caused due to the PI in charge of Verna police station who saw the negative opinion of the PP that the appeal should not be filed and kept the file at the police station. The court also observed that "sufficient cause can be said to have arisen as the state was prevented from applying its mind".
Rs 2500, recoverable from the concerned station house offi While allowing the application for the condonation of delay, the court held that it is a "fit case for condonation of delay subject to a cost of cer" - TNN

6 comments:

N.Fernandes-London said...

This Fine must be peanuts or "small change " for Jivba Dalvi.
He will be able to recoup  & recover  this amount of Rs 2500/=  in just "one perfect minute".
He is fed bribes on a daily basis.

Taking the case of Melvyn of Arossim also , he seems to be more interested in his extra curricular sexual activities, rather than dealing appropriately with serious cases.
The faster he can clost the case the more opportunity he has for his private & lustful hobbies.

Looks like these days Goa Police are keeping a" LOG BOOK" of their sexual conquests to compare with each other. 
I wonder who is winning thus far, Jivba or Chandrakant Salgaonkar.
There is a new name to be added, shortly, in the "lewd message text" case.

My hunch tells me that Sunil Gudlar too has sexual skeletons hidden in his cupboard.
I would exclude their boss Ravi Naik.He probably needs a lot of Viagara to "KEEP (it)  UP"!!
I say this, based on the fact ,that they all love boasting,they all have a distinct style of walking and a distinct look on their faces.

Dalia said...

Why is the government not taking action on this dirty scumbag and send him behind bars for destroying the case itself?

Gobor said...

2 Lakh 50 thousand must have been paid to Dalvi to delay the file.  So 10 % fine is fine enough

Sequeira_goa said...

Rs. 2500 is nothing for this idiot to pay as he has taken enough from people. He should be dismissed from his job. Goan's need to sweep out this type of idiots inorder to save our Goan's and our Goa.    MARIA SEQUEIRA

Amir Khan said...

 




Here again we see the same reaction. I do appreciate your reaction
which is normal. But, if Goans are to attain any goal, such reactions and comments
are 'water on duck's back'.
You Goans only seem to want some "abstract" being to do your work of
getting justice. Each one of you on this blog only speak that someone/us/we/
Goans should do something. No one on this blog have I read comment about any
issue, saying that "I and my group will handle this".
You people; most of you on this blog are COWARDS; you all can do nothing for
yourself, nor for your fellowmen. You only know to give big talks.
If you Goans are really interested in saving your Goa, stand up for yourselves.
Stand up for what is right, and oppose what is wrong. Stand by your fellow Goan
who is wronged, if you have the GUTS. If not, forget your GOA. The rest of
India is going to call it GUHA.

 

Gobor said...

Don't you know the Govt. has done just that. He is suspended  so that he can now sit back and drink in LUCKY "BAR",  bar, bar.

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