PANJIM: The Judicial Magistrate of First Class (JMFC), Bicholim has directed the Colvale police to register an FIR against the former attorney of Comunidade of Tivim as per Chapter XII of Criminal Procedure Code, 1973 and to submit the report to the Court within a period of 30 days.
JMFC Judge Anuradha Andrade observed that the police officer did not register FIR inspite of commissioning of a cognisable office for reasons best known to him. The material on record revealed that a cognisable offence was committed and there was no proper investigation.
Douglas Sequeira, from Madel-Tivim had filed a criminal miscellaneous application before the JMFC, seeking directions to the Colvale police to register an FIR against the Comunidade of Tivim former attorney Savio Pereira for committing offences punishable under sections 403, 406, 417 and 420 of IPC, following a complaint by nine persons on December 5, 2022.
Sequeira was constrained to file additional police complaint dated March 8, 2023 before the
Police against Savio Pereira, who was the attorney of Communidade of Tivim in 2019 and being attorney had access to all the books and records of the Comunidade of Tivim.
The applicant had charged that Pereira being the attorney took illegally allegedly Rs 15.50 lakh from Zacarias Victor D’Souza i.e. the attorney of Keith Lewis and Gertie Lewis and illegally issued a NOC dated December 2, 2019, granting easmentary road access though the property bearing survey No 345/1 of village Tivim belonging to the Comunidade of Tivim.
The petitioner had contested that was no existing road or access passing through the said property but the then attorney gave NOC for easmentary access through Comunidade plot without following any procedure and without any approval, drawing plan of area required for access by conducting inspection as well as without any signatures of managing committee of the Comunidade.
The Court further found that the extra-ordinary general body meeting was convened on February 23, 2020 i.e. three months after NOC was issued. But in the meeting it was decided that Rs 15.50 lakh be paid to the Comunidade by Lewis if NOC had to be granted.
However, by a letter dated October 18, 2022 Lewis through their attorney Zacarias D'Souza informed the Comunidade that Rs 15.50 lakh in cash was given to Pereira on November 2, 2019. The JMFC stated that Pereira received the money without the knowledge of the Comunidade and that cash amount was not deposited in the account of the Comunidade. The Court further pointed out that the managing committee and the attorney on their own cannot grant any land to any person without the approval of the government. The court clearly established the dishonest intention of Savio Pereira and that he gave NOC for the purpose of facilitating the sale of the property by Lewis by accepting Rs 15.50 lakh in November 2019 much before the decision was taken by the Comunidade to issue NOC in its meeting on February 23, 2020.
Adv Vinayak Porob argued on behalf of applicant while, public prosecutor R Barreto represented the State.