Final Order 1

Order Details: Copy  of Judgment
Pdf Text: JUDGMENT 1 C.C.NO. 2847/PW/2018
Received on : 17.10.2018
Registered on : 17.10.2018
Decided on : 29.11.2022
Duration : 04Ys. 01M. 12Ds.
Exh. : 10
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. 2847/PW/2018
CNR No. MHMM190107592018
(b) The date of commission of
the offence;
: 08.10.2018
(c) The name of the informant
(if any);
: The State (Sahar Police Station in
C. R. No. 318/2018).
(d) The name of the accused
person, parentage and
residence;
: Rushi Hareshkumar Kadiya
Champaneri,
Aage : Adult,
R/at :Mothi Kadiyavas,
Dumaral Bazar, Nadiyad,
DistKheda, Gujarat State.
e) The offence complained of
or proved ;
: U/Sec. 465, 468, 471 & 420 of
Indian Penal Code.
(f) The plea of the accused and
his examination (if any);
: Accused pleaded not guilty.
(g) The final order; : Accused is acquitted.
(h) The date of such order; : 29.11.2022.
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JUDGMENT 2 C.C.NO. 2847/PW/2018
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 29.11.2022)
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 as 'I.P.C.').
2. The brief facts of the prosecution's case are, as
follows :
As per the facts averred by the prosecution, on 08.10.2018
accused arrived at Mumbai Airport from Tanzania. That on checking
his passport, the arrival stamp of Delhi Immigration and departure
stamp of Mumbai Immigration were found to be fake. That on inquiry
it was disclosed by the accused that he had been to Tanzania on
17.02.2017 on visa for a period of 90 days. That he was working at
Tanzania and his passport was retained by his employer. That on
08.10.2018 he returned to India and he didn't know anything about the
alleged forged stamps, affixed on his passport.
3. The informant lodged report in respect of the aforesaid
incident with Sahar police station. On the basis of report C.R. No.
318/2018 was registered under sections 465, 468, 471 & 420 of IPC
against the accused. Investigation of the case was carried out by P.S.I.
Shri. Dinesh Bodake. After investigation he found sufficient evidence
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JUDGMENT 3 C.C.NO. 2847/PW/2018
against the accused, hence forwarded chargesheet under supra
sections.
4. Charges were famed against accused on 08.09.2022. He
pleaded not guilty and claimed to be tried. In view of above rival facts
following points arose for my determination and I recorded my findings
against him for the reasons given below :
Sr. No. Points Findings
1] Does the prosecution prove that, on above
date, time and place accused forged
arrival stamp of Delhi Immigration and
departure stamp of Mumbai Immigration,
with intent to commit fraud and thereby
committed an offence punishable under
Section 465 of I.P.C ? In the negative.
2] Does the prosecution prove that, on above
date, time and place you accused forged
arrival stamp of Delhi Immigration and
departure stamp of Mumbai Immigration,
intending that it shall be used for the
purpose of cheating and thereby
committed an offence punishable under
section 468 of the IPC? In the negative.
3] Does the prosecution prove that, on above
date, time and place you accused
fraudulently or dishonestly used as
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JUDGMENT 4 C.C.NO. 2847/PW/2018
genuine arrival stamp of Delhi
Immigration and departure stamp of
Mumbai Immigration, which he knew at
the time when used it to be a forged
stamps and thereby committed an offence
punishable under section 471 of the IPC? In the negative.
4] Does the prosecution prove that, on above
date, time and place you accused cheated
Immigration Authority by affixing forged
arrival stamp of Delhi Immigration and
departure stamp of Mumbai Immigration
on his passport and travelled from
Tanzania(via Nairobi) to Mumbai and
thereby committed an offence punishable
under section 420 of the IPC? In the negative.
5] What order ? As per final order.
R E A S O N S
5. Prosecution in the instant case has examined only one
witness, whereas the defence did not examine any witness in support of
the case. Prosecution examined Investigating Officer PSI, Shri. Dinesh
as PW No.1 vide Exh5. Heard both sides at length.
AS TO POINT NOs. 1 to 4 :
6. It has come in the evidence that accused travelled to
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JUDGMENT 5 C.C.NO. 2847/PW/2018
Tanzania from Mumbai and later on returned back. That on arrival it
was found that departure and arrival stamps were forged. Further it
has come in the evidence that witness corresponded with FRRO, but
received no reply. That the offence is committed at Tanzania.
7. In the crossexamination witness admitted that officially
the arrival and departure stamps on the passport can only be verified by
the Assistant Director, Admin, Airport, but no such report is on record
from Delhi and Mumbai Airport Admin Office. It is further admitted
that the passport of the accused was retained by the employer of the
accused at Tanzania and he got alleged forged passport from Tanzania.
As such the place of offence is out of India. In such contingency when it
is taken for a while to be true, permission is prerequisite. Admittedly,
there is no permission sought from the Central Government. Thus, the
violation of section 188 of Cr.P.C. itself renders the investigation and
subsequent proceeding thereof void abinitio. Therefore, any evidence
whatsoever surfaced on record renders meaningless. Hence, in the
backdrop of above discussion I answered all the points in the negative.
AS TO POINT NO. 5 :
8. 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 Rushi Hareshkumar Kadiya Champaneri, age :
Adult, r/at :Mothi Kadiyavas, Dumaral Bazar, Nadiyad, Dist
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JUDGMENT 6 C.C.NO. 2847/PW/2018
Kheda, Gujarat State is hereby acquitted vide Section 248(1)
of Cr.P.C. for the offence punishable under Sections 465, 468,
471 & 420 of the Indian Penal Code.
2. The earlier P.R. bond of accused person 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. one Indian passport be returned to the
accused and other property i.e. air ticket and boarding pass be
destroyed, after appeal period is over.
(Judgment dictated on dais and pronounced in open court).
Date.: 29.11.2022
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate
22nd Court, Andheri, Mumbai
csj
Dictated on : 29.11.2022
Transcribed on : 30.11.2022
Signed on : 30.11.2022
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