Final Order 2

Order Details: Copy  of Judgment
Pdf Text: C.C.NO.2275/PW/2018 1 of 9 JUDGEMENT
MHMM190094972018
Received on :- 23.08.2018
Registered on :- 23.08.2018
Decided on :- 11.09.2025
Duration :- 07Ys. M. Ds.
Exh. :- 17
Part ‘A’
[Para 44(i) of Chapter VI of Criminal Manual]
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
(Presided over by : Dr. G. D. Nirmale, Additional Chief Judicial
Magistrate, Court No.22. Andheri, Mumbai)
Decided on :- 11.09.2025
Criminal Case No.2275/PW/2018
FIR No.
Police Station
65/2018
Sahar Police Station
COMPLAINANT State of Maharashtra
Through :-
Sahar Police Station, Andheri,
Mumbai
REPRESENTED
BY
A.P.P. Mr. K. S. Jamdhade, for the State.
ACCUSED
Seraj Ahmad S/o Newas Ali
Age :- 37 years, Occupation :- Driver
R/o.:Vill-Udsara, Post-Gangauli,
Dist-Sant Kabir Nagar, UP
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C.C.NO.2275/PW/2018 2 of 9 JUDGEMENT
REPRESENTED
BY
Advocate Mr. D. V. Mangaonkar for the accused.
Part ‘B’
[Para 44(ii) of Chapter VI of Criminal Manual]
Date of Offence 26.02.2018
Date of F.I.R. 26.02.2018
Date of Chargesheet 23.08.2018
Date of Framing of Charges 29.09.2023
Date of commencement of evidence 02.12.2024
Date on which Judgment is reserved 11.09.2025
Date of the Judgment 11.09.2025
Date of the Sentencing Order, if any --
Accused Details
Rank of
accused
Name of
accused
Date
of
Arrest
Date of
Release
on Bail
Offences
charged
with
Whether
acquitted or
convicted
Sentence imposed Period of
Detention
Undergone
during
Trial for
purpose of
Section
428, Cr.P.C.
1. Seraj
Ahmad
S/o
Newas
Ali
26.02.
2018
02.04.
2018
417, 419,
420 read
with
Section 34
of IPC
Acquitted. -- --
Part 'C'
[Para 44(iii) of Chapter VI of Criminal Manual]
LIST OF PROSECUTION / DEFENCE / COURT WITNESSES
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
PW1/Exh. 05 Pallavi Pradeep Chavhan Informant
PW2/Exh. 12 Kavita Aniket Naik Investigating Officer
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B. Defence Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
- - -
C. Court Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
- - -
LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS
A. Prosecution :
Sr. No. Exhibit Number Description
1. Exhibit-06/PW 1 FIR
2. Exhibit-07/PW 1 Original Boarding pass
3. Exhibit-08/PW 1 Passport
B. Defence :
Sr. No. Exhibit Number Description
- - -
C. Court Exhibits :
Sr. No. Exhibit Number Description
- - -
D. Material Objects :
Sr. No. Material Object Number
Description
1 Article 'A' Copy of PISON
J U D G M E N T
(Delivered on 11.09.2025)
1. The above named accused person stands charged for
having committed an offence punishable under Sections 417, 419, 420
read with Section 34 of the Indian Penal Code. of the Indian Penal
Code, 1860 (for the sake of brevity hereinafter referred to as 'I.P.C.').
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Facts germane to the prosecution case is abridged thus :-
2. As per the facts averred by the prosecution, accused
procured second passport from one Abrar from Saudi Arabia in
the name of Mohammad Amir and travelled from Damam(Saudi
Arabia) to Mumbai on the strength of said forged passport in the
name of Mohammad Amir and thereby cheated the Immigration
Authority.
3. Therefore, the Immigration Officer, Smt. Pallavi
Chavhan lodged report in respect of the aforesaid incident at Sahar
Police Station. On the basis of report C.R. No.65/2018 was
registered under sections 417, 419, 420 read with Section 34 of the
Indian Penal Code against the accused. Investigation of the case
was carried out by P.S.I. Smt. Kavita Naik. After investigation she
found sufficient evidence against the accused, hence forwarded
charge-sheet under supra sections.
Charge :-
4. Accused abjured the guilt and claimed to be tried when
charge (Exh0-02) was read over and explained to him in
vernacular by my learned predecessor.
Evidence for Prosecution :-
5. To substantiate the charges levelled against the
accused, prosecution examined informant Immigration Officer,
Pallavi Chavhan as PW No.1 vide Exh-05 and Investigating Officer,
retired A.P.I. Kavita Aniket Naik as PW No.2 vide Exh-12.
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Defence :-
6. From the scrutiny of the cross examination and
answers given by the accused during the statement recorded under
Section 313 Cr. P. C. (Exh-14), it appears that defence of accused is
of denial and false accusations. However, no evidence is led in
defence.
Points for determination:
7. Perused the evidence on record. Heard learned
advocate Mr. K. S. Jamdhade for the prosecution and Mr. D. V.
Mangaonkar learned counsel for the accused.
8. In view of offence charged against the accused,
following points arise for determination the finding and reasons
for which are recorded as under :-
Sr. No. Points Findings
1] Does the prosecution prove that,
accused in furtherance of common
intention with wanted accused Abrar
cheated Immigration Authority by
deceiving it fraudulently ? In the negative.
2] Does the prosecution prove that,
accused in furtherance of common
intention with wanted accused Abrar
cheated Immigration Authority of India
by presenting himself as genuine
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Indian passport holder and
intentionally induced the Immigration
Authority to act upon the same?
In the negative.
3] Does the prosecution prove that,
accused in furtherance of common
intention with wanted accused Abrar
intentionally cheated the Immigration
Authority by possessing forged
passport and on the strength of same
travelled from Damam(Saudi Arabia)
to Mumbai hereby committed an
offence punishable under section 420
of the IPC?
In the negative.
5] What order ? Accused is
acquitted.
R E A S O N S
POINT NOs. 1 to 4 :-
9. In order to prove the charge, prosecution has examined
the informant i.e. Pallavi Chavhan as PW No.1 vide Exh-05 and
Investigating Officer, A.P.I. Kavita Naik as PW No.2 vide Exh-12.
The informant testified that while she was on duty at arrival
counter No.26 she verified passport of accused which was not
matching with the passenger and it was in the name of
Mohammad Amin, issued by RPO, Lucknow. On verifying the
passport under UV light the photo on the passport was not
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showing genuine, therefore he reported the matter to Wing-in-
charge. On verifying the passport through PISON, it was revealed
that the accused was travelling on the passport belonging to
somebody else. After grilling the accused admitted that he was in
Saudi Arabia, due to his negligence accident took place and in
order to evade punishment he returned back to India on his
friend’s passport.
10. In her further evidence she has duly proved report
lodged by her Exh-06, original boarding pass Exh-07, passport
Exh-08, copy of PISON Article-’A’.
11. In her cross-examination PW No.1 admitted that the
disputed passport was obtained from Saudi Araba
12. The testimony of Investigating Officer is formal in
nature. She stated that after registering the offence she arrested
the accused and filed charge-sheet after completion of
investigation.
13. The prosecution came with a case that accused
procured passport of another person. However, the prosecution
did not lead any documentary evidence to substantiate its
contention regarding procurement of another passport by accused.
14. Considering the testimony on record it seems that the
alleged second passport in the name of some other person was
procured from abroad. Thus, the offence allegedly took place at
foreign soil. Further, any violation of rules relating to passport
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attracts provision of Passport Act. At the most, if the accusation is
taken as it is, it would be violation of section 12 of the Passport
Act. To rope accused for violation of Passport Act, the
investigating agency requires sanction from the Competent
Authority, as mandated u/s. 15 of the Passport Act. Although the
Investigating Agency roped accused under IPC provisions, still the
offence regarding alleged manipulation in the passport took place
abroad. In such contingency before launching prosecution or
investigation, the investigating agency requires to obtain sanction
of Central Government, as mandated u/s. 188 of Cr.P.C., which is
admittedly missing in the instant case. Thus, any offence levelled
in violation of mandatory provision renders it meaningless.
Hence, in the light of above discussion for want of clinching
evidence and permission from the Competent Authority, the charge
put against accused remained unproved.
15. Be that as it may, the prosecution did not lead any
cogent evidence to prove the charges levelled against the accused.
Except the fact of registration of offence, nothing could be brought
on record to prove the charges levelled against the accused. The
evidence adduced by the prosecution even if it is accepted as it is,
does not prove the charges of forgery and cheating against the
accused. Resultantly, the prosecution fails to prove its case
beyond reasonable doubt for want of evidence. Since the seized
property i.e. Indian Passport be returned to the accused and
boarding pass counter slip be destroyed after appeal period is
over. Therefore point Nos. 1 to 4 are answered in the negative and
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C.C.NO.2275/PW/2018 9 of 9 JUDGEMENT
in answer to point No.5 the following order is passed:-
O R D E R
1. Accused Seraj Ahmad S/o Newas Ali age : 37 years is
hereby acquitted of the offence punishable under Sections
417, 419 & 420 of The Indian Penal Code 1860 vide Section
248(1) of The Code of Criminal Procedure, 1973.
2. The earlier P.R. bonds of accused stand cancelled.
3. The accused to furnish P.R. of Rs.5,000/- in compliance to
section 437(A) of The Code of Criminal Procedure, 1973.
4. Seized property i.e. Indian Passport be returned to the
accused and boarding pass counter slip be destroyed
after appeal period is over.
Date.:- 11.09.2025
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate
22nd Court, Andheri, Mumbai
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