KIRAN S LAKHE Vs. STATE OF DELHI

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. and Article 226/227 of the Constitution of India seeking quashing of FIR No. 57/06 under Section 420/468/471 of IPC read with section 12 of Passport Act.

(2.) The petitioner has contended that the petitioner was falsely and wrongfully named by the co-accused. The petitioner was not at all involved in the alleged offence of forgery of UK Immigration Visa documents. There was no conspiracy between the petitioner and the other accused. The other accused Mr. Hitesh Bhogilal Darji was not even known to the petitioner and petitioner had nothing to do with the traveling documents or anything of the other accused. The FIR was a result of mischief.

(3.) One Hitesh Bhogilal Darji traveling on Indian passport approached immigration office for departure to UK at I.G.I. Airport Delhi. During scrutiny it was found that arrival stamp dated 5.11.2000 and departure stamp dated 11.10.2005 on his passport were fake. The passenger disclosed that he had left India on 24.8.2000 and had arrived back in India on 30.11.2005. While he was abroad in UK he overstayed there. He sent his passport to the present petitioner for arranging his UK visa. The petitioner arranged forged arrival and departure stamps on his passport to justify his presence in India while receiving visa for UK. The official of UK High Commission also checked the corresponding stamps of arrival in UK and found it to be fake. Immigration Authorities lodged a complaint and FIR was registered. During investigation it was revealed that present petitioner had arranged UK visa, fake arrival and departure stamps for a sum of Rs.30,000/- After registration of FIR, investigation was complete. The petitioner is on bail. Prosecution is awaiting sanction under Section 15 of Passport Act.