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2016 Supreme(Bom) 1909

F.M.REIS, K.L.WADANE
Minguelino D'Costa, son of Pascoal D'Costa – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. D. Pangam, Advocate
For the Respondent:Mr. S.R. Rivankar, Public Prosecutor, Mr. R.G. Ramani, Advocate.

JUDGMENT :

K.L. Wadane, J.

1. Heard Mr. D. Pangam, learned Counsel appearing for the petitioner, Mr. S.R. Rivankar, learned Public Prosecutor appearing for the respondent nos.1 and 2 and Mr. R.G. Ramani, learned Counsel appearing for the respondent no. 3.

2. Rule.

3. Heard forthwith with the consent of the learned counsel appearing for the respective parties. The learned Additional Public Prosecutor waives notice on behalf of the respondent nos.1 and 2 and Mr. R.G. Ramani, learned Counsel waives notice on behalf of the respondent no. 3.

4. The present Writ Petition is filed by the petitioner seeking direction to quash and set aside the impugned FIR No. 19/2014 dated 8.8.2014.

5. Brief facts of the case may be stated as follows:-

The petitioner is a co-owner in possession of a property, bearing survey no. 67/0 known as "TARIPANTO" situated at village Sanquem (hereinafter referred to as the "suit property"). The suit property corresponds to new survey nos.60/1, 64/1, 67/0 and 68. The petitioner purchased the above suit property by sale deed dated 17.2.2004 from the predecessor in title namely one Mrs. Silvia Rebeiro Miranda; (2) Mrs. Edna Miranda e Souza, (3) Mr. Bruno Dias D'Souza and (4)


















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