LALITHA LAKSHMANAN Vs. CBI

JUDGEMENT

(1.) Prosecution case as per the allegations in the charge sheet dated 2nd February, 2016 is that Rajendra Sadashiv Nikaljee @ Chhota Rajan, in pursuance of conspiracy with Lalitha Lakshmanan, Jayshree Rahete and Deepak Natvarlal Shah, who were working in Regional Passport Office (in short 'RPO') Bangalore, submitted a passport application on 10 th December, 1998 at RPO, Bangalore. The aforesaid application was made for reissuance of old passport No. F004555 which was already issued to one Enyat Akmal Khan on 20th January, 1989 in the name of Mohan Kumar. The application was accompanied with ration card No. 5210812, fake and fabricated passport No. F004555 in the name of Mohan Kumar and authority letter dated 10 th December, 1998 in favour of R. Shekhar r/o No. 142, 1st Cross, 2nd Main, RT Nagar, Bangalore which was a fictitious/non-existent address. On 1st January, 1999, RPO, Bangalore issued passport no. A6705840 in lieu of the passport No.F004555 in the name of Mohan Kumar. The same was renewed on 19th December, 2003 vide passport No. Z1017162 by High Commission of India at Harare, Zimbabwe. Thereafter, another Passport No. G9273860 dated 8th July, 2008 was issued by Indian Consulate at Sydney, Australia in the name of Mohan Kumar on the basis of the passport procured at Harare. However, the same was revoked by Consulate General of India, Sydney on 1st November, 2015. The application submitted at RPO, Bangalore was accepted by Lalitha Lakshmanan, the petitioner herein, who was then the Assistant Regional Passport Officer (now retired). Facts that the photograph and date of birth on the fabricated passport and the application form did not match were suppressed by the petitioner. The petitioner accepted the application, a fee of Rs.300/- was deposited in cash and a computer generated cash receipt was issued. File number E/11935/98 was provided for further processing of the application. The petitioner appended initials on the 1 st page and affixed "CANCELLED" stamp in column 13 of the application form as well as first page of the original old passport. She also initialled on the ration card and her handwriting/initials were identified by staff/officers of RPO Bangalore. Jayshree Rahete, Superintendent and Passport Granting Officer, directed for rescreening of the date of birth as per the old passport despite categorical remark on the file that there was no Index Card in the name of Mohan Kumar. She herself corrected the date of birth from 24 th July 1969 to 24th July, 1959 despite knowing that passport no. F004555 was in fact issued to Enyat Akmal Khan. Jayshree Rahete regularized the act of Lalitha Lakshmanan by providing new Index card which could be used in future at the time of renewal or reissuance of the passport to prove his bona fide. Deepak Natwarlal Shah, Assistant RPO, issued the handwritten passport No. A6705840 in the name of Mohan Kumar despite knowing that no Index Card was found in the name of Mohan Kumar and as per Passport Writing Register, passport No. F004555 was not issued in the name of Mohan Kumar. Neither Jayshree Rahete nor Deepak Natwarlal Shah waited for receipt of police verification. No letter was issued to the local police for police verification. As per the CFSL Report, the signature on the application form submitted with RPO was of Chhota Rajan. RPO, Bangalore informed that original or scanned copy of the file pertaining to passport No. F004555 had been weeded out and destroyed. Extract of passport issue register showed that passport No. Z1017162 dated 19 th December, 2003 was issued in the name of Mohan Kumar on the basis of passport No. A6705840 dated 1st January, 1999. It was renewed by High Commission of India at Harare. The address furnished in the name of Mohan Kumar was fictitious. Neither any voter ID nor any ration card was issued in the name of Mohan Kumar.

(2.) After filing of the charge sheet on 2nd February, 2016 with the allegations as noted above, a supplementary charge sheet was filed on 2nd May, 2016 in relation to the offences punishable under Section 120B IPC and Section 12 of the Passports Act along with the sanction under Section 188 Cr.P.C. The petitioner filed an application before the learned Special Judge seeking discharge inter alia on the grounds that the Special Judge lacked territorial jurisdiction under Section 177 Cr.P.C. to try the offence against the petitioner as the alleged offences were committed from 10 th December, 1998 to 19th January, 1999 at Bangalore besides the issues of absence of sanction under Section 197 Cr.P.C., 19 of the Prevention of Corruption Act, 1988 (in short 'PC Act') and Section 15 of the Passports Act. The said application was heard along with arguments on charge and vide the impugned order dated 8th June, 2016 the learned Special Judge directed framing of charge against the petitioner under Sections 120B/419/420/467/468/471 IPC, Section 13 (2) read with Section 13 (1) (d) of the PC Act and Section 12 of the Passports Act.

(3.) In relation to the contention of the petitioner that the Special Judge lacked territorial jurisdiction to try the offence, the learned Special Judge held that the acts of accused Rajendra Sadashiv Nikaljee @ Chhota Rajan in conspiracy with the petitioner and the other accused in Bangalore were interconnected with his acts of getting renewed the passport at Zimbabwe and Australia and the same cannot be separated, hence, by virtue of Section 188 Cr.P.C. the Special Judge had territorial jurisdiction to try the petitioner and the co-accused.