RAJENDRA SINGH Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against an order passed by the learned Metropolitan Magistrate, 11th. Court Calcutta, on 2-4-87 in G. R. Case No. 1202 of 1985, rejecting an application filed by the petitioner, Rajendra Singh Sethia, on 3-1-86 under S.216 of the Code of Criminal Procedure for dropping unsustainable charges framed in the case.

(2.) The petitioner was facing trial as an accused in a case pending in the court of the Chief Metropolitan Magistrate, Delhi. He was arrested in connection with that case on 1-3-85 at Maurya Sheraton Hotel, New Delhi. On 2-3-85. there was a search in room No. 1589 in that hotel. As a result of the search various documents, including a passport bearing No. W 900509 dated 13-2-85 issued by the Public Relations Officer, Regional Passport and Emigration Officer, Calcutta, were seized by the Police. The G.R. Case No. 1202 of 1985 centres around this passport.

(3.) The prosecution case, in a nutshell, is that the petitioner is an Indian National based in London. He was the Managing Director of M/s. Esal Commodities Limited, London. He has a valid passport, bearing No. U 716884 dated 17-2-84 issued in his name by the Consulate General of India, New York. Even then, he signed another passport application form as R.K. Dugar, for obtaining another passport. It is alleged that for obtaining the impugned passport, bearing No. W 900509 dated 13-2-85, the petitioner impersonated himself as R.K. Dugar and committed various acts in conspiracy with two other accused persons in that G. R. Case No. 1202 of 1985. The petitioner happens to be the accused No. 1 in that G. R. Case No. 1202 of 1985. The accused No. 2 in that case is Bhagat Ram Thapar. The accused No. 3 in that case is Chiranji Lal Sharma. The F.I.R. in that case, after seizure of various documents, including the impugned passport was under Ss.419/420/468, I.P.C. The charge-sheet was submitted in the case on 5-4-85. On 4-5-85, charges were framed in the case against all the three accused under S.120B read with Ss.420/419/468/471, I.P.C. and S.12(1)(b) of the Passports Act, 1967. Apart from this charge of conspiracy, there were separate charges against the three accused of the case, the separate charges against the petitioner being under S.12(1)(b) of the Passports Act and Ss.419/420/468/471, I.P.C. separate charge against the accused No. 2, B.R. Thapar, being under Ss.471/468, I.P.C. and S.12(2) of the Passports Act and the separate charge against the accused No. 3. C.L. Sharma, being under S.12(2) of the Passports Act, 1967 (hereinafter referred to as the "Act" for the sake of convenience). After framing of these charges against the petitioner and the other two accused persons of this case, these three accused persons filed criminal revisional applications separately before this court against framing of the charges against them in the case. The petitioner filed criminal revision No. 1564 of 1985 against the order dated 4-9-85, framing the charges against the accused persons in the case. This revisional application was withdrawn by the petitioner on 5-12-85 with the result that the revisional application was dismissed for non-prosecution. Similarly, criminal revisions Nos. 1565 of 1985 and 1507 of 1985, filed by the accused Nos. 2 and 3 of the case in this court, were dismissed for non-prosecution on 5-12-85. Thereafter, three witnesses were examined for the prosecution. They were Arup Singh (P.W. 1), R.K. Sharma (P.W. 2) and Bhupendra Kumar (P.W. 3). On 3-1-86, the petitioner filed a petition in the court below under S.216, Cr.P.C. for dropping out unsustainable charges on the ground that on the basis of the evidence adduced by the prosecution charges should be amended by dropping charges under Ss.419/420/468/471, I.P.C. It was stated in that petition that the petitioner wanted to plead guilty to the charge under the Act, and such other offence as, in law, could be made out against him. Lie admitted in that petition that the application for Passport contained some wrong particulars. After the filing of this petition on 3-1-86 under S.216, Cr.P.C. a synopsis of submissions on behalf of the petitioner was filed in the court below on 15-2-86, followed by reply by the prosecution on 30-4-86. Subsequently, the petitioner under S.216, Cr.P.C. was rejected by the learned Metropolitan Magistrate, 11th Court, Calcutta (to whom the case was subsequently transferred on 18-6-86 by the learned Chief Metropolitan Magistrate, Calcutta) on 2-4-87. Being aggrieved, the present revisional application has been filed.