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2019 Supreme(Bom) 888

PRITHVIRAJ K.CHAVAN
Nanda Kunkolienkar – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
Menino Teles, Adv., P. Faldessai, Adv.

JUDGMENT :

Prithviraj K Chavan, J.

Rule. Rule made returnable forthwith.

2. Heard finally with the consent of Mr. M. Teles, learned Counsel for the petitioner and Mr. P. Faldessai, learned Additional Public Prosecutor. He waives notice on behalf of the respondent.

3. The challenge in this petition is to an order passed by the learned Special Judge on 26.11.2018 by which learned Judge has confirmed the order passed by the learned Judicial Magistrate, First Class, Panaji in case no.IPC/202/2012/C directing a charge to be framed against the petitioner for the offences punishable under Sections 419, 467, 468, 471 and 420 IPC read with Section 34 of IPC.

4. One Mr. Cesar Rego Fernandes filed a complaint before the Police attached to Panaji Police Station against the petitioner and her husband including six others that from 9.8.2009 to 22.8.2009 all the accused in furtherance of their common intention impersonated one deceased Ms. Luiza Maria D'souza after her death by preparing a forged Will dated 9.8.2002 and thereby prepared a Gift Deed dated 5.1.2009 in order to illegally grab and acquire and dispose of the property surveyed under No.244/02 at Village Kalapur which partly belonged to the

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