Bangalore District Court
State By Central Crime Branch(S.E.) vs No.1 To 3 For The Alleged Offences on 9 April, 2018
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 9th day of April 2018.
Present: Shri V.Jagadeesh, B.Sc., LL.M.
I Addl. C.M.M BENGALURU.
JUDGMENT U/s.355 Cr.P.C.,
Case No. : C.C.No.34990/2011
Date of Offence : 23-11-2009
Name of complainant : State by Central Crime Branch(S.E.)
N.T. pet, Bengaluru.
Name of accused : 1. Abdul Waheed Khan s/o Sattar Khan,
aged 52 years, r/o No.2265,
10th cross, A.M.C. road,
K.G.Halli, Bengaluru 45.
2.Gopalarao,
3.Mandeep.
(accused Nos.2 and 3 split up)
Offences complained off: U/s.10, 13 of Immigration Act,
1893 and 420 r/w Section 34 of IPC.
Plea of accused No.1 : Pleaded not guilty
Final Order : As per final order
Date of Order : 9-4-2018.
2 C.C.No.34990/2011
JUDGMENT
The Inspector of Police, Central Crime Branch(Special Enquiry), N.T.Pet, Bengaluru has filed the charge sheet against the accused Nos.1 to 3 for the offences punishable under Sections 10 and 13 of Immigration Act, 1893 and Section 420 r/w Section 34 of IPC.
2. It is the case of the prosecution that, the accused Nos.1 to 3 have misrepresented that they are the registered agents in getting jobs in foreign countries and played fraud on C.Ws.2 to 5 and received Rs.6,80,000/- to get job for them in Kuwait and to Iraq and the immigration licence was expired on 2-3-2007 and not renewed. Under such circumstances a case has been registered by the jurisdictional R.T.Nagar police against the accused Nos.1 to 3 for the offences punishable under Sections 10 and 13 of Immigration Act, 1893 and Section 420 r/w Section 34 of IPC in Crime No.464/2009. Thereafter, the case has been transferred to C.C.B.(SE) for investigation. After completion of investigation, the 3 C.C.No.34990/2011 Investigating Officer has filed the charge sheet only against the accused No.1 to 3 for the alleged offences.
3. During the pendency of the trial, case against accused Nos.2 and 3 was split up and the present case is continued only against the accused No.1.
4. After appearance of the accused, necessary documents as relied by the prosecution, are furnished to the accused No.1 as provided under Section 207 of Cr.P.C. Charge has been framed and same is read over and explained to the accused No.1. The accused No.1 pleaded not guilty and claims to be tried. Therefore, the case was posted for prosecution evidence.
5. C.Ws.1 to 7 have been cited as charge sheet witnesses. In order to prove the guilt of the accused No.1 for the alleged offences, during the course of trial, none of the prosecution witnesses have been examined in the present case. Therefore, as per order dated 5-1-2018 all the prosecution witnesses namely C.Ws.1 to 7 are dropped.
4 C.C.No.34990/2011
6. Since there is no incriminating material evidence found on the record against the accused No.1, therefore, recording of statement of accused No.1 under Section 313 of Cr.P.C. was dispensed with. Similarly, the accused No.1 has not adduced any defence evidence on his behalf. Therefore, there is no defence evidence on behalf of the accused No.1.
7. Heard the arguments of learned Senior A.P.P. and counsel appearing for accused. The points that would arise for my consideration are as under:
1. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 has committed the offences punishable under Sections 10 and 13 of Immigration Act, 1893 and Section 420 r/w Section 34 of IPC?
2. What Order ?
8. My answer to the above points are as under:
Point No.1: In the Negative.
Point No.2: As per final order, for the following:5 C.C.No.34990/2011
REASONS
9. Point No.1:- The contention of the prosecution is that the accused Nos.1 to 3 have misrepresented that they are the registered agents in getting jobs in foreign countries and played fraud on C.Ws.2 to 5 and received Rs.6,80,000/- to get job for them in Kuwait and to Iraq and the immigration licence was expired on 2-3-2007 and not renewed and thereby the accused have committed the offences punishable under Sections 10 and 13 of Immigration Act, 1893 and Section 420 r/w Section 34 of IPC.
10. In order to prove the guilt of the accused for the offences punishable under Sections 10 and 13 of Immigration Act, 1893 and Section 420 r/w Section 34 of IPC, none of the witnesses have been examined as their presence was not secured inspite of giving sufficient time and repeated issuance of summons and warrants. Therefore, as per order dated 5-1-2018 all the prosecution witnesses were dropped. Under such circumstances, I am of the opinion that the prosecution 6 C.C.No.34990/2011 has miserably failed to prove the guilt of the accused No.1 beyond all reasonable doubt for the offences punishable under Sections 10 and 13 of Immigration Act, 1893 and Section 420 r/w Section 34 of IPC. Therefore, in view of the above discussions and reasonings, I am of the opinion that the accused No.1 is entitled for acquittal for the alleged offences. Accordingly, I answer point No.1 in the negative.
11. Point No.2:- In view of my answer on the point No.1, I proceed to pass the following:
ORDER The accused No.1 is not found guilty for the offences punishable under Sections 10 and 13 of Immigration Act, 1893 and Section 420 r/w Section 34 of IPC. Therefore, he is acquitted for the said offences under Section 248(1) Cr.P.C.
The bail bonds executed by the accused No.1 and his surety stand cancelled.7 C.C.No.34990/2011
(Dictated to the stenographer directly on computer, typed by her, revised and then corrected by me and then pronounced in open court on this the 9th day of April 2018).
(V.Jagadeesh) I Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined on behalf of prosecution:- NIL List of documents marked on behalf of prosecution:-NIL Material Objects Produced:- NIL Witnesses examined on behalf of the defence:NIL List of documents marked on behalf of the defence:-NIL (V.Jagadeesh) I Addl. CMM., Bengaluru.8 C.C.No.34990/2011
9/4/2018 State by Sr.APP Accused NO.1 C/B For Judgment (Judgment pronounced in the Open Court) ORDER The accused No.1 is not found guilty for the offences punishable under Sections 10 and 13 of Immigration Act, 1893 and Section 420 r/w Section 34 of IPC. Therefore, he is acquitted for the said offences under Section 248(1) Cr.P.C.
The bail bonds executed by the accused No.1 and his surety stand cancelled.
I ACMM, Bengaluru.9 C.C.No.34990/2011 10 C.C.No.34990/2011