Order 1

Order Details: Order
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IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
ORDER BELOW EXH-02 IN C.C. NO.3245/PW/2018
1. This is an application filed under Section 239 of Cr.P.C. for
seeking discharge in the matter.
2. Perused the application and say filed by the learned A.P.P.
overleaf. Heard both sides.
3. It is the contention of the accused that there is variation in
the date of birth mentioned in his expired passport and the existing
passport. Due to the variation F.I.R. was lodged and he is falsely
implicated in the present crime alleging that he committed forgery. The
accused contends that he be discharged from the said offence.
4. Learned A.P.P. has strongly opposed the application by filing
say contending that the application is vague. The accused procured the
passport by false information to the passport authority. There is prima-
facie material against the accused and the charge is not groundless.
Hence, the learned A.P.P. prayed that application be rejected.
5. Section 239 of Cr.P.C, empowers the Court to discharge the
accused. When on perusal of charge-sheet and the documents filed
along with it the charge against the accused is groundless. In the
present case the prosecution is lodged on the basis of information
registered by the Immigration Officer who specifically stated about the
discrepancies noted by him in the passport of the accused. There is
prima-facie material on record about commission of offence by the
accused in the form of allegations in the F.IR and documents filed on
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record with the charge-sheet. The charge thus cannot be considered to
be groundless at this stage. Hence, following order is passed:-
ORDER
Application stands rejected.
Date:- 06.12.2025
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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