Final Order 1

Order Details: Copy  of Judgment
Pdf Text: JUDGMENT 1 C.C.NO. 2010/PW/2018
MHMM190074012018
Received on : 25.07.2018
Registered on : 25.07.2018
Decided on : 30.01.2023
Duration : 04Ys. 06M. 05Ds.
Exh. :
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(JUDGMENT U/SEC. 355 OF CRIMINAL PROCEDURE CODE)
(a) The serial No. of the case; : C.C. No. 2010/PW/2018
(b) The date of commission of
the offence;
: 08/05/2018
(c) The name of the informant
(if any);
: The State (Sahar Police Station in
C. R. No. 148/2018).
(d) The name of the accused
person, parentage and
residence;
: Bhumin Sureshkumar Patel
Age : 29 years,
Occupation : Nil
R/at : A20, Ayodhya Nagari
Society, in front of Sukhan
Homes, GST Factory Road,
Chenpur Road, New Ranip,
Ahmadabad382470
e) The offence complained of
or proved ;
: 465, 468, 471 & 420 of Indian
Penal Code.
(f) The plea of the accused and : Accused pleaded not guilty.
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JUDGMENT 2 C.C.NO. 2010/PW/2018
his examination (if any);
(g) The final order; : Accused is acquitted.
(h) The date of such order; : 30.01.2023
APPEARANCE :
Ld. A.P.P. Mr. Khade for State.
Ld. Advocate Mr. Sanjay Tiwari for the accused
J U D G M E N T
(Delivered on 30.01.2023)
1. The above named accused person stands charged for
having committed an offence punishable under Sections 465, 468, 471
& 420 of the Indian Penal Code, 1860 (for the sake of brevity
hereinafter referred to as 'I.P.C.').
2. Facts germane to the prosecution case is abridged
thus :
That on 08.05.2018 accused arrived at Mumbai as he was
deported to India by Dubai Immigration Authority for carrying on fake
Malaysian Passport. That on inquiry by Mumbai Immigration Authority
it was revealed that real name of accused is Patel Bhumin Sureshkumar.
That he was intended to go to Germany for job purpose and for that
purpose he collected fake Malaysian passport with the help of German
agent namely Daya. That on the strength of said fake passport he went
to Kathmandu, Nepal from Mumbai airport and entered in Nepal
country. Thereafter, he travelled from Kathmandu to Kuala Lampur
and then he went to Dubai. That when he was intended to go to
Frankfurt from Dubai, the Emirates Airlines Officer of Dubai Airport
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JUDGMENT 3 C.C.NO. 2010/PW/2018
found his Malaysian passport to be fake and therefore he was sent back
to India on Emergency Certificate.
3. Therefore, the informant lodged report in respect of the
aforesaid incident with Sahar police station. On the basis of report C.R.
No. 148/2018 was registered under sections 465, 468, 471, 420 r/w 34
of IPC against the accused. Investigation of the case was carried out by
P.S.I. Shri. Gat. After investigation he found sufficient evidence against
the accused, hence forwarded chargesheet under supra sections.
4. Charges were famed against accused on 09.11.2022. He
pleaded not guilty and claimed to be tried. In view of above rival facts
following points arose for my determination and I record my findings
thereon with reasons thereof :
Sr. No. Points Findings
1] Does the prosecution prove that, on above
date, time and place accused procured
fake Malaysian passport by illegal means
in the name of Sureshkumar Bhumin,
with intent to commit fraud or that fraud
may be committed and that you have
thereby committed an offence punishable
u/s. 465 of I.P.C ? In the negative.
2] Does the prosecution prove that, accused
on above date, time and place forged
passport, intending that it shall be used
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JUDGMENT 4 C.C.NO. 2010/PW/2018
for the purpose of cheating, and that you
have thereby committed an offence
punishable u/s. 468 of the IPC? In the negative.
3] Does the prosecution prove that, accused
on above date, time and place
fraudulently or dishonestly used as
genuine passport which he knew or had
reason to believe at the time when used
it to be a forged document, and thereby
committed an offence punishable u/s. 471
of the IPC? In the negative.
4] Does the prosecution prove that, accused
on above date, time and place accused on
above date, time and place intentionally
cheated Immigration Authority by
possessing forged Malaysian passport and
on the strength of said passport got entry
in Nepal country, travelled from
Kathmandu to Kuala Lampur and from
there he attempted to go to Frankfurt via
Dubai and thereby committed an offence
punishable under section 420 of the IPC? In the negative.
5] What order ? As per final order.
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JUDGMENT 5 C.C.NO. 2010/PW/2018
R E A S O N S
5. Prosecution in the instant case has examined only one
witnesses, whereas the defence did not examine any witness in support
of his defence. Prosecution examined Investigating Officer as PW No.1
vide Exh4. Heard both sides.
AS TO POINT Nos.1 to 4 :
6. It has come in the evidence of I.O. that the accused was
deported from Dubai as he was travelling on fake passport. While
corresponding to Malaysian Embassy, it opined that the passport is fake.
That the accused intended to go to Germany for work, therefore he
went to Nepal and collected fake passport with the help of German
agent. That the offence is committed at Dubai and he had not sought
permission from Central Government. In the crossexamination it was
admitted by the I.O. that the alleged fake passport is not before the
Court. Further it is admitted that he had not recorded statement of
Dubai Airline staff regarding alleged travel by accused on Malaysian
passport. From the evidence it is clear that only Investigating Officer
has been examined by the prosecution. In his evidence it has come that
the the alleged fake passport is not before the Court. Any sort of
tampering with the passport could be dealt effectively under Passport
Act subject to permission from Competent Authority. In the present
case, no charges levelled against accused has been proved by leading
clinching evidence. Hence, for want of evidence I answer all the points
in the negative.
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JUDGMENT 6 C.C.NO. 2010/PW/2018
AS TO POINT NO.5 :
7. Since the point Nos. 1 to 5 are determined in the
negative, I am of the opinion that, the prosecution has failed to
prove its case beyond reasonable doubt and the accused is liable to
be acquitted. Hence, the following order as under:
O R D E R
1. Accused Bhumin Sureshkumar Patel Age : 29 years, r/at :
A20, Ayodhya Nagari Society, in front of Sukhan Homes, GST
Factory Road, Chenpur Road, New Ranip, Ahmadabad382470
is hereby acquitted vide Section 248(1) of Cr.P.C. for the
offence punishable under Sections 465, 468, 471 & 420 of
I.P.C.
2. The earlier P.R. bond of accused stands cancelled.
3. The accused to furnish P.R. of Rs.5,000/ in compliance to
section 437(A) of Cr.P.C.
4. The seized property, i.e. Malaysian passport being impounded,
hence no order and other property be destroyed, after appeal
period is over.
(Judgment dictated on dais and pronounced in open court).
Date.: 30.01.2023
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate
22nd Court, Andheri, Mumbai
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