Bangalore District Court
The State Rep. By vs A-1 Khaleemulla Khan 34 Yrs on 4 January, 2016
IN THE COURT OF THE VI ADDL. CHIEF
METROPOLITAN MAGISTRATE BANGALORE CITY
DATED THIS THE 4th DAY OF JANUARY 2016
PRESENT :Smt. M. LATHAKUMARI
M.A.,LL.M.
VI ADDL. C.M.M., BANGALORE.
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
Case No. : CC.No.18363/2011
Date of offence : 10-1-2009
Complainant : The State rep. by
PSI of Adugodi PS
Accused : A-1 Khaleemulla Khan 34 Yrs
S/o Rehamathulla
R/at No.180, South Cross
Street, Neelasandra,
Bangalore.
A-2 K. Murthy 23 Yrs
S/o Yallappa K.
R/at No.1/11-11/280,
Kalusumbi colony,
Rayachur.
A-3 Abeed Hussain 23 Yrs
S/o Syed Ahamed
R/at No.205, Vijayalakshmi
Apartment, 4th Cross,
Kannadasapura, Bangalore.
2 CC.No.18363/2011
A-4 Anilkumar 28 Yrs
S/o Varadaraju
R/at No.1316,
Manjunathanagar,
T. Dasarahalli, Bangalore.
A-5 Muniraju 20 Yrs
S/o Ganganna
R/at No.48, 8th Cross,
Venkatapura, Bangalore.
A-6 Ajaykumar 26 Yrs
S/o Madappa
R/at No.8, 1st Cross,
Ganapathinagar, Bngalore.
Offence : U/s.419, 471 and 420 of IPC
Plea : Accused pleaded
not guilty
Final order : Accused Nos.1 to 6 are
acquitted
Date of Order : 04-01-2016.
** ** **
BRIEF STATEMENT OF REASONS FOR DECISION
It is the case of prosecution that accused
persons who suffered loss in their computer
business Cyber Cafe and also STD booth business
started scanning the document's given to their
3 CC.No.18363/2011
customers and based on those scanned documents
started creating other documents and utilizing
the said documents to distribute Tata Indica SIM
to such persons who have no address proof
documents and thereby cheated the Government and
general pubic at large, hence committed the
offences punishable U/s.419, 471 and 420 of IPC.
2. This complaint came to be registered
against accused persons by virtue of requisition
given by CW.1 who is none other than Police
Inspector. Even CWs.2 to 5 cited in the charge
sheet are also police sub inspectors then
working at CCB., Bangalore. This court issued
summons for the first time on 7-2-2014. In
spite of repeated issue of summons to these
witnesses continuously for a period of 2 years
prosecution failed to secure these witnesses who
are working in the police Department itself.
Since sufficient opportunity of two years given
4 CC.No.18363/2011
to prosecution, and also considering failure on
part of prosecution to secure the complainant
and other vital witnesses CWs.1 to 5
respectively summons not issued to other
witnesses as no purpose would be served in
examining other witnesses in the absence of oral
testimony of CWs.1 to 5. Prosecution failed to
secure complainant and its vital witnesses. In
the absence of oral testimony of these
witnesses, entire case of the prosecution
appears vague and doubtful and thereby enables
the accused for acquittal. Accordingly, I
proceed to pass the following:-
ORDER
Accused Nos.1 to 6 are not found guilty for the offences punishable U/s. 419, 471 and 420 of IPC.
Acting U/s.248(1) of Cr.P.C accused Nos.1 to 6 are acquitted.
5 CC.No.18363/2011The bail bond of the accused stands cancelled.
(Dictated to the stenographer, transcript thereof, corrected and then pronounced by me in the open court this the 4th day of January 2016).
(M. LATHAKUMARI) VI Addl.C.M.M. Bangalore city. Annexure
1. Witnesses examined for the prosecution:
Nil.
2.Documents marked on behalf of the prosecution:
Nil.
3. Material objects:
Nil.
VI ADDL.C.M.M.BANGALORE CITY.6 CC.No.18363/2011
(Judgment pronounced in the open court) ORDER Accused Nos.1 to 6 are not found guilty for the offences punishable U/s. 419, 471 and 420 of IPC.
Acting U/s.248(1) of Cr.P.C accused Nos.1 to 6 are acquitted. The bail bond of the accused stands cancelled.
(Vide Separate Order) VI Addl.C.M.M., Bangalore.7 CC.No.18363/2011 8 CC.No.18363/2011
(Judgment pronounced in the open court) ORDER (Vide Separate Order) VI Addl.C.M.M., Bangalore.9 CC.No.18363/2011