(1.) This order shall govern the disposal of both the aforesaid Criminal Revisions, since they are arising out of a common order of acquittal dated 6.9.2007 passed by the appellate Court (Session, Judge) in Criminal Appeal No.200/2007, impugned herein.
(2.) The Coordinate Bench of this Court, while going through the news item published in the newspaper about the acquittal of the respondent by the appellate court, took suo-moto cognizance and ordered for calling the record and upon its perusal, prima facie found some substance against the respondent and ordered for the registration of a case bearing CRR No.161/08, against the order of acquittal dated 6.9.2007 passed by the Appellate Court (Sessions Judge, Bhopal) in Cri. Appeal No.200/2007 (State of M.P Vs Fauzia Usman @ Monika Bedi) and also directed to issue notice to the respondent. Simultaneously, the State also preferred a criminal revision under Sec.397 read with Sec.401 of the Cr.P.C., being aggrieved by the aforesaid order dated 6.9.2007 whereby affirming the acquittal of the respondent of the charge under Sec.420, 468 and 471 of the IPC and Sec.12(1)(b) of the Passport Act passed in the judgment dated 16.7.2007 passed by the trial court in Regular Criminal Trial No.803/04 (State of M.P. through P.S. Kohefiza Vs. Syed Abdul Jalil alias Siraj and others).
(3.) Case of the prosecution, against the respondent, in short, was that Superintendent of Police Bhopal, received a secret information that the respondent had succeeded in securing international passport by furnishing false documents and affidavit as also mentioning false address in the application for issuance of passport, at Passport office, Bhopal, where after the Superintendent of Police entrusted the matter to the SDOP, Bairagarh, Bhopal, for enquiry, who upon inquiry, found that the respondent was not residing at the given address and also furnished forged documents for getting the passport. The SDOP lodged the report at P.S. Kohefiza, Bhopal, against the respondent and others, registered as Crime No.505/01, under Sec.419, 420, 467, 468, 471, 120(B) and 182 of the IPC. After completion of the investigation, the charge sheet came to be filed against the other accused persons including the respondents, since respondent at the relevant time, was residing at Portugal. When the police came to know that the respondent had been arrested for some offence in Portugal and she was also required in the crime No.505/01, extradition proceedings were initiated by virtue of Indian Extradition Act,1962. The Court of Appeals, Lisbon, Portugal, vide order dated 3.8.2005 and judgment dated 28.10.2005 of Supreme Court of Justice, Portugal, allowed the respondent to be sent to India, for prosecution against her for the offence under Sec.420, 468 and 471 of the IPC and Sec.12 of the Passport Act, 1967, thereafter the respondent was brought to India. The investigating officer, after conducting a short investigation and collecting some additional documents, submitted supplementary charge sheet against the respondent, before Chief Judicial Magistrate, Bhopal, resulting in registration of Regular Criminal Trial No.803/04 (old No.1173/2002).