Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 103 SW 2022 Melwyn Vs Marina and ors.
CNR-MHMM18-006877-2022
FURTHER ORDER BELOW EXH.1
1. Perused record. Perused report filed by Investigating Officer.
Heard Ld. Advocate for the complainant.
2. The complainant approached this court contending that he is social
activist and knows the person who is now deceased named as Miss Marie
Fernandes, who was Executor of the Will, in respect of the property, i.e.
Plot bearing C.T.S. No.870/A, Old Survey No.197D situated at Bandra
West, Mumbai, which was originally owned by her deceased aunt Miss
Marta Pareira, by will. By the said last will, deceased Marta, transferred
her rights in the said property to Miss Marian Crasto.
3. Accused persons forged another will in her name on 08.11.2014
and attempted to show that the said property was transferred by deceased
Marie Fernandes, to proposed Accused No.1, Miss Marina. Marie
Fernandes, died in the year 2015. Then Miss Marian Crasto, noticed this
fact and approached police, but police did nothing.
4. Miss Marian Crasto, however not pursued the matter and then with
the help of present complainant, through him he again approached police.
Police turned down request to lodge the offence and investigate the matter
informing that it is a matter of civil nature. Then present complainant
approached this court.
5. The verification of the complainant was recorded and matter was
ordered to be investigated as per Section 202 of Code of Criminal
Procedure. Again Investigating Officer came to conclusion that matter is
of civil nature and no offence made out. Complainant objected to it and
filed his written objections. Relying on certain facts, he contended that
there is enough material on record to constitute offences alleged.
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C. C. No. 103 SW 2022 Melwyn Vs Marina and ors.
CNR-MHMM18-006877-2022
6. The submissions of Ld. Advocate are in tune with their respective
contentions, besides she also relied on documents produced by the
complainant. There is no need of its repetition.
7. The copy of the original will is on record. The copy of another will
allegedly forged by accused persons is also on record. In both these
documents substantial difference has been noticed particularly about the
signature and mental condition of the testator. The other documents
produced and fact and circumstances came on record, particularly
difference in signature, relationship amongst the parties and other facts
and circumstances clearly reflect that the disputed will is not genuine.
There is enough material to draw the inference of cheating and forgery.
The conclusions arrived at by Investigating Officer are not proper and
correct.
8. The disputed document of will is now under challenge before High
Court and its execution is stayed by High Court. All the proposed accused
persons are connected with the allegations. Prima facie case made out.
Therefore, following order -
ORDER
Issue process against all the accused persons for offences
punishable under Sections 420, 465, 467 and 471 r/w.34 of Indian Penal
Code.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 09.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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