Delhi District Court
State vs . Narender Bhalla & Anr on 15 December, 2022
IN THE COURT OF SH. BHAVAYA KARHAIL, MM-02,
PATIALA HOUSE COURT, NEW DELHI DISTRICT, NEW
DELHI
FIR No. : 66/2010
PS : Chanakya Puri
U/s : 420/468/120-B IPC
STATE VS. NARENDER BHALLA & ANR
JUDGMENT
A Case Identification Number 39091/2016 B Name of the Complainant Anne M. Brunn, Assistant regional Security Officer, Regional Security Office, U.S. Embassy, New Delhi C Name of the accused & his 1) Narender Bhalla parentage and address S/o Sh. Surender Kumar Bhalla (Proceedings against him have already been culminated in plea bargaining in Lok Adalat vide order dated 12.11.2016).
And,
2) Charanjeet Singh @ Professor S/o Sh. Dayal Singh, R/o H.No. 62, Guru Gobind Singh Nagar, Jalandar, Punjab.
D Offence complained of 419/420/468/471/120-B IPC
E Date of commission of 03.05.2010
offence
F Date of Institution 26.04.2012
G Offence Charged 420/468/120-B IPC
H Plea of accused Pleaded not guilty
FIR No. 66/2010 State Vs. Narender Bhalla & Anr Page 1 of page 5
I Order Reserved on 21.11.2022
J Date of Pronouncement 15.12.2022
K Final Order Acquitted
BRIEF STATEMENT OF REASONS FOR DECISION OF THE CASE
1. Prosecution alleges that on 03.05.2010 at unknown time and place, the accused posed as an agent and entered into criminal conspiracy alongwith passenger namely Narender Bhalla @ Vicky (convicted in plea bargaining on 12.11.2016) to obtain visa for U.S.A of Narender Balla @ Vicky and for this purpose, the accused arranged fake/forged documents i.e. India Passport no. H6641726, Income Tax Return for the assessment year on 2008- 2009 and 2009-2010, Bank statement of PNB, Bank statement of SBI and property evaluation report and the abovesaid documents were prepared by one Amrit Singh with dishonest intention and all the abovesaid documents were handed over to co-accused Narender Bhalla @ Vicky for applying the same alongwith Visa application before USA Embassy, who further handed over the same documents to USA Embassy and tried to dishonestly induced the USA Embassy officials on the basis of fake/forged abovesaid document for issuing to Visa pursuant to the same, and thereby committed offence punishable u/s 420/468/120-B IPC.
FIR No. 66/2010 State Vs. Narender Bhalla & Anr Page 2 of page 5
2. The FIR was registered on the complaint of Ms. Anne M. Brunn (Assitant Regional Security Officer, US Embassy, New Delhi) After the completion of investigation, a final report in the form of chargesheet under section 173 Cr.P.C was forwarded to the court arraying Narender Bhalla and Charanjit Singh @ Professor as the accused.
3. After taking cognizance of the offence by the court, both the Dinesh were summoned. Pursuant to their appearance, in compliance of section 207 Cr.P.C copy of chargesheet was supplied to him. Subsequently after hearing the state and the defence and after perusal of the judicial file, prima facie case against the accused for the offences punishable under section 420/468/120-B IPC was found to be made out. Accordingly, the accused Charanjeet Singh was charged u/s 420/468/120-B IPC, to which he pleaded not guilty and claimed trial. Accordingly, thereafter the matter was posted for Prosecution Evidence.
4. It is also pertinent to mention that accused Narender Bhalla has already been culminated in National Lok Adalat vide order dated 12.11.2016.
5. In order to prove its case beyond reasonable doubts, the prosecution has examined only one witness i.e. PW-1 HC Kailash Kanwar.
6. PW-1 HC Kailash Kanwar deposed that 01.04.2011 he was posted at PS Chankyapuri as constable. On that day, he joined the FIR No. 66/2010 State Vs. Narender Bhalla & Anr Page 3 of page 5 investigation of the present case along with IO/SI Bhupesh Kumar. On that day, they went to Patiala House Court where accused present in the court that day (correctly identified by the witness) had surrendered before the court and he was formally arrested vide arrest memo Ex.PW1/A bearing his signature at point A. Personal search of the accused was conduced by the IO which is Ex.PW1/B bearing his signature at point A. Accused was interrogated by the IO and his disclosure statement was recorded vide memo Ex.PW1/C bearing his signature at point A. PC of accused was obtained by the IO. Thereafter, they all returned back to PS Chankyapuri. IO recorded my statement.
He was cross-examined on behalf of accused, wherein he stated that he does not have personal knowledge about the present case. It is correct that accused surrendered voluntarily before the Hon'ble Court. It is correct that no public person was made to join the investigation at the time of recording of disclosure statement.
7. In order to prove its case beyond reasonable doubts, the prosecution has cited witnesses at serial no.2 and 3 to the present case. However, despite repeated summons through all modes (through DCP), the complainant did not appear before the Court and hence, the complainant was dropped from the list of witnesses vide order dated 29.11.2021. Similarly witnesses cited at serial no.2 and 3 were summoned through all modes (through FIR No. 66/2010 State Vs. Narender Bhalla & Anr Page 4 of page 5 DCP), however after repeated calls they did not appear before the court and they were accordingly dropped from the list of witnees vide order dated 29.11.2022.
8. I have heard the learned APP for the State and learned defence counsel for the accused. I have also carefully perused the judicial record.
9. Since, the complainant could not be examined, the examination of police witnesses and other formal witnesses were dispensed with being formal witnesses to investigation and statement of accused u/s 313 Cr.P.C is also dispensed with vide order dated 21.11.2022.
10. Thus, from the abovesaid observations, it is clear that the prosecution has drastically failed to prove the allegations of either criminal conspiracy or any attempt to cheat by accused Charanjeet Singh.
11. Thus, in totality of facts and circumstances of the case and the evidence available on record, accused Charanjeet Singh is acquitted for offences under section 420/468/120-B IPC.
Announced in the Open (BHAVAYA KARHAIL)
Court on 15.12.2022 MM-02/PHC/NDD/NEW DELHI
FIR No. 66/2010 State Vs. Narender Bhalla & Anr Page 5 of page 5