MUSTHAFIR @ MUSTHAFEER REHAMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has been arraigned as accused No.1 in C.C.No.678/2010 on the file of III JMFC., Mysore. He and other accused persons have been charge sheeted for the offences punishable under Sections 120B, 420,467,468,471 r/w Section 34 IPC and Section 14 of Foreigners Act, 1946.

(2.) THE sum and substance of the allegations against this petitioner is that, this petitioner having been born in Bangladesh, sneaked into the Indian territory and thereafter, settled down in Halaganalli Village, Periyapatna Taluk, Mysore District and started working as a Priest in Nur-Ul-Uda Maszid in that village and proclaimed to the residents of the village that he is the son of Mohd. Safiulla and Sheeda Banu of Mandya and later, by producing a fake document purported to have been issued by Anitha Clinic, Mysore showing that he was born in that Clinic on 08.11.1980 before the Mysore City Municipal Corporation, obtained a birth certificate and thereafter, on that basis, got his name entered in the voters list and later obtained a driving license from RTO Office, Mysore on 15.12.2009. On the basis of those documents, filed application for issuance of Passport and later obtained the passport and thus, though he is a foreigner, stayed in India without a valid Visa and also has committed offences of forgery, fabrication etc. This petitioner was arrested by Yarwada Police, Pune, Maharashtra in connection with case in Cr.No.264/2009 of the said police station, registered for the offences punishable under Sections 120B, 420, 467, 468 and 471 r/w Section 34 of IPC and Section 14 of Foreigners Act. During interrogation by the said police, since, it was revealed that all the documents were forged and fabricated within the limits of Krishnaraja Police Station, Mysore, the Deputy Commissioner of the Police, Crime Branch, Pune City sent a letter dated

(3.) THE petition is opposed by the respondent ­ State.