MOTISHAM MOHAMMED ISMAIL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS revision is by the accused being aggrieved of the order passed in CC No. 2121/2002 dated 21. 2. 2003 by the 1 Addl. CMM Bangalore City, framing charges for the offence under Section 420 IPC and under Section 12 (i) (b) of Passport Act, 1967.

(2.) THE brief facts of the case are as follows: the accused was charge sheeted for the offence under Section 420 IPC and under Section 12 (i) (b) of Passport Act, 1967 on the allegation that with dishonest intention of cheating, furnished false information about his real date of birth, residential address and wilfully suppressed the material information about his arrest and conviction and sentence of imprisonment, induced the Regional Passport Office, Mumbai and obtained a passport bearing No. A. 741209 on 11. 4. 1997 and thereby committed offences punishable under Section 420 IPC and under Section 12 (i) (b) of Passport Act, 1967. Originally the charge sheet came to be filed before the First Additional Chief Metropolitan Magistrate, 19th Court, Mumbai in Case No. 11/cp/2000. The accused preferred a transfer petition (Crl.) No. 176/2000 before the Apex Court. The Supreme Court after hearing both sides passed the following order transferring the entire proceedings to the Metropolitan Magistrate Court, Bangalore City. Having heard the learned Counsel for the petitioner and Mr. Mariarputham for the CBI, Mumbai and in view of the assertion that the same witnesses will be examined in this proceeding who have already been examined in the pending proceeding at Bangalore, it would meet and proper that the pending criminal proceeding at Mumbai is transferred to an appropriate Court at Bangalore. We accordingly so direct. The Transfer Petition stands disposed of accordingly.

(3.) THE learned I Additional Chief Metropolitan Magistrate, Bangalore City registered it as CC No. 2121/2002. After hearing the learned Counsel for the CBI and the learned Counsel for the accused passed the impugned order to frame charges for the offence under Section 420 IPC and under Section 12 (i) (b) of Passport Act, 1967. It is in so far as ordering for framing of charges, the accused has come up with this revision.