CMM/Hyderabad 1 C.C. 202-2017
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
AT HYDERABAD.
PRESENT : SRI. K.V.CHANDRA SEKHAR RAO, II Addl. Chief Metropolitan Magistrate, FAC Chief Metropolitan Magistrate, Hyderabad.
C.C. No. 202 of 2017
(Cr. No. 119/2016 of Kamatipura P.S.)
Dated this the 18th day of February, 2022.
Between:
The State of Telangana, through the Sub-Inspector of Police, Kamatipura P.S., Hyderabad City, Telangana State.
... COMPLAINANT
AND
A1. Ayub Khan @ Ayub Pahelwan S/o Late Jahangir Khan, Age 49 years, Occ: Realtor R/o H.No. 19-3-694/11, Kummarwadi, Fathedarwarza, Kamatipura, Hyderabad.
A2. Hafeez Begum W/o Ayub Khan @ Ayub Pahelwan, Age 40 years, Occ: House Wife, R/o H.No. 19-3-694/11, Kummarwadi, Fathedarwarza, Kamatipura, Hyderabad. (Wife of A1)
A3. Mohd Khaleel Ahmed S/o Mohd Osman, Age 38 years, Occ: Passport Agent, R/o H.No. 11-6-687, Flat No. 103, Ist Floor Red Hills, Nampally, Hyderabad.
A4. Qazi Syed Muqthadir Ali Quadri S/o Late Qazi Syed Shah Yousuf Quadri, Age 67 years, Occ:Qazi, R/o H.No. 21-23, Farooqnagar, Shadnagar R.R. Dist.
A5. Mohd Naseeruddin S/o Mohd Basheeruddin, Age 44 years, Occ: Dy. Qazi, R/o H.No. 19-2-11/11/1, Kalapather, Hyderabad.
A6. Khaisaruddin @ Mohammed Ghousuddin S/o Late Md Waheeduddin, Age 46 years, R/o H.No. 19-3-694/11, Kummarwadi, Kamatilpura, Hyderabad.
A7. Jaffer , Age 45 years, R/o Kishanbagh, Bahadurpura, HYderabad. (SPLIT UP in CC.No. 383/2017)
CMM/Hyderabad 2 C.C. 202-2017
A8. B.A. Venkateswara @ Venkat S/o Late Sri Anjaiah Aged 48 years, Occ: Sr Superintendent , RPO, Hyderabad R/o 30-147/41, Old Safilguda, Hyderabad.
A9. Pottem Ravindranath S/o Late P. Nagabhushanam, Age 60 years, Occ: Advocate & Notary R/o H.No. 5-9-18/4, Near Amrutha Castle, Opp. Secretariat, Safilguda, Hyderabad.
..... ACCUSED
[The split up case against the A-7 in CC 383 /17 shall remain pending. ]
This case is coming up for final hearing on dt.14.02.2022 in the presence of the Asst. Public Prosecutor for the prosecution, and Sri Surender Rao, counsel for A1 and A2, Sri.Mohd. Mahaboob Ali, counsel for A3, Sri. Raji Reddy, counsel for A4 to A6, Sri.Pavan Annabathula, counsel for A8 and Sri.Nand
Kumar, counsel for A9 and having heard both the sides, this court has delivered the following judgment:
J U D G M E N T
[1] FACTS OF THE CASE:
The allegation against the accused no.1 is that, while he was in jail as a convict in a murder case, has hatched a plan and obtained a fake passport (MO-1) from the Passport Office, Hyderabad with false particulars as to his parentage, marital status as unmarried, age, and residence and thus committed an offence U/Sec. 468, 471, 120-B of IPC; And that after obtaining fake passport (MO-1), the accused no.1 once again submitted fake details and got the name of his wife (A-2) added and got re-issued another passport (MO-2).
THE RELATIONSHIP AMONG THE ACCUSED: The accused no. 1 is the husband of accused no.2. Accused no.3 is passport agent. Accused no. 4 is Qaji, who performs the marriages. Accused no.
5 is Deputy Qaji. Accused no. 6 is brother of accused no.2. Accused no. 7 is friend of accused no.1.
Accused no.8 is the Passport Officer. Accused no. 9 is Notary-Advocate.
TRUE BIO-DATA OF ACCUSED NO. 1: The accused no.1/Ayub Khan was born on 15-7-1962.
His father’s name is Jahangir Khan, and his mother’s name is Mahaboob Begum. His marriage with accused no.2/Hafeeza Begum was performed on 7-7-1993. PW20:Mirza Sulthan Baig, Qazi of
Golconda has performed the said marriage of accused no.1 and 2 and he recorded the details of bride
CMM/Hyderabad 3 C.C. 202-2017 (A-2) and bride groom (A-1) in Ex.P37: Shiyanama. The date of birth of accused no.1 is 15-7-1962.
The father of accused no.1 by name Jahangir Khan worked as Naik in the Hyderabad State Armed
Forces and died in the year 1984. The mother of accused no.1 namely Mahaboob Begum was getting family pension under Ex.P43/Pension Payment Order, and she was drawing the pension through SBH,
Hussainialam Branch, Hyderabad (Ex.P47 is Bank statement). The ration card is (Ex.P32) obtained on 29-4-2006 by the accused no.1 shows his date of birth as 15-7-1962, his father’s name as Jahingir
Khan, and his residence as H.No. SRT1229, Shanthi Nagar, Ward no.7, Hyderabad. Another undisputed fact is that the accused no.1 underwent imprisonment as a convict in a murder case in
Sessions Case No. 222/2003 for the offence u/s 302 of IPC in Cr. No. 83/2002 of Hussainialam PS on
the file of the Hon’ble Metropolitan Sessions Judge’s Court of Nampally, Hyderabad on 4-5-2010, and he was in Central Prison, Cherlapalli from 14-5-2008 to 12-2-2011 and he was transfered to Central
Prison, Visakapatnam from 13-2-2011 to 11-4-2014, and he was released on bail since his conviction and sentence was set aside by the Hon’ble High Court.
FABRICATION OF MO-1 PASSPORT NO. J 1225657 IN THE NAME OF A-1:
The accused no.1 and 2 planned to obtain fake passport in the name of accused no.1 in order to leave the country and to do business in Dubai. In pursuit of their plan, they took the assistance of accused no.3/passport agent, who took Rs.1.00.000/- from the accused no.2 and agreed to arrange fake passport
for the accused no.1. As agreed upon, the accused no.3 has prepared Passport Application Form
(Ex.P8) purported to have been signed and submitted by A-1. Further A-3/passport agent has also fabricated Ration Card (Ex.P9), fake Voter’s ID Card (Ex.P10) and fake Driving License (Ex.P11) showing father’s name of A-1 as Sayeeduddin and mother’s name as Fathima Sulthana, and his residence as H.No. 9-8-298, Bada Bazar, Golconda, Hyderabad. A-3/passport agent and A-9/notary advocate have also fabricated an affidavit (Ex.P12) wherein A-1 is purported to and his date of birth was 7-7-1977 and that A-1 was illiterate. A-3 and A-9 have also fabricated another affidavit (Ex.P13) wherein A-1 is purported to have declared his parents’ names as Sayduddin Khan and Fathima respectively, and his status as unmarried and his date of birth as 7-7-1977. After collecting all the above fake documents (Ex.P9 to P13), on 14-9-2010 the accused no.3, at the instance of accused no.1, has managed to submitt the passport application under Tatkal scheme in Passport Office, Hyderabad,
CMM/Hyderabad 4 C.C. 202-2017 even without the presence of the accused no.1, who was in jail by then. The accused no.8, the Passport
Officer working in Regional Passport Office, Hyderabad, has received the Passport Application (Ex.P8) along with annexures and mixed in the routine papers in the office by taking Rs.8,000 as a bribe from A-3, and processed the Passport Application of A-1 even in the absence of accused no.1, and enabled Passport Office to grant fake Passport. Ultimately on 22-9-2010 Passport J 1225657 (MO1) was granted under Tathkal scheme though the accused no.1 did not appear before the Passport
Office, Hyderabad. The Passport Office sent the fake Passport to the purported address of the accused no.1 as H.No.9-8-298, Bandlaguda, Golconda, Hyderabad by registered post. Since it was a fake address and accused no.1 was not residing in the said address, the postal runner was about to return the same to Passport Office. At that time accused no.3 intervened and produced fake ID of accused no.1 and got the delivery of passport from LW 24:Mamtaj Ali, the postal runner. The accused no.1 was released from the jail on 12-12-2011 in view of that the conviction awarded by the Hon’ble
Metropolitan Sessions Judge was set aside by the Hon’ble High Court. A-1 was in prison from 14-5- 2008 to 12-2-2011, and the Passport J1225657 in the name of A-1 was issued on 22-9-2010. A-1 has made use of it and moved to several countries on the strength of fake passport J1225657 (MO1).
After issue of Passport (MO1) under Tatkal scheme the Police Officer/Pandu (PW4) has verified the details of passport application no. A153537/2010 of A-1 and delivered his report stating that the details of passport applicant (A-1) was not residing in the given address in H.No. 9-8-298, Bada Bazar,
Golconda, Hyderabad. The Passport application (Ex.P8) of accused no.1 was false in respect of his date of birth, parentage, residential address, marital status as unmarried, previous conviction in a murder case in Sessions Case No. 222/2003 was concealed in Ex.P8. The passport J1225657 (MO1) was made use of by the accused no.1 knowingly that it was obtained by furnishing false particulars.
FABRICATION OF MO-2 PASSPORT NO. N424311 IN THE NAME OF A-1:
After the release of accused no.1 from Central Prison, Visakapatnam on 11-4-2014, he left to Dubai on 11-6-2014 with the aid of fake passport J1225657 (MO-1) and started doing business there. In the month of August, 2015, the accused no.1 thought of bringing his wife (A-2) to Dubai from Hyderabad.
At that juncture he wanted to include the name accused no.2 in his passport as his wife. The marital status of accused no.1 was shown as ‘unmarried’ in his passport J1225657 (MO-1). In order to
CMM/Hyderabad 5 C.C. 202-2017 incorporate the name of accused no.2, as wife of A-1, in MO-2/Passport, there arose the necessity
Nikhanama/marriage certificate of A-1 and A-2. The genuine Shiyanama of A-1 and A-2 (Ex.
P37=Ex.P40=Ex.P46) contains A1’s father’s name as ‘Jagangeer Khan’ and his mother’s name as ‘Mahaboob Begum’, and his date of birth as ‘15-7-1962’. Because of this Nikhanama/Marriage certificate is not compatiable with the passport J1225657 (MO-1) with regard to parentage and date of birth, the accused no.1 wanted to fabricate another Nikhanama to suit his convenience. In this connection the accused no.1 and 2 sought the help of accused no.6, who is natural brother of accused no.2. Upon which the accused no.6 entered into the task, and in pursuit of his plan, he met the accused no.4 (Qazi at Shadnagar) and accused no.5 (Deputy Qazi, Golconda) and paid Rs. 10,000 to accused no.4 to prepare a fake Shiyanama to suit the purpose of accused no.1 and 2. Then the accused no.4/Kazi prepared a fake Shiyanama (Ex.P84) at Shadnagar showing A1’s father’s name as ‘Sayeeduddin’ and mother’s name as ‘Fatheema Sulthana’ and handed over the same to accused no.5/Deputy Khaji. This fake Shiyanama (Ex.P84) was submitted to Walkf Board and obtained a fake marriage certificate incorporating the parents names as ‘Sayeeduddin’ and mother’s name as ‘Fatheema Sulthana’, and date of birth as -7-7-1977. After fabrication of fake shiyanama (Ex.P84), on 24-8-2015 he has submitted an application to the Consulate General of India at Dubai along with fake
Shiyanama (Ex.P84) seeking the inclusion of the name of A-2 as his wife. The Consulate General of
India has addressed a letter on 30-8-2015 (Ex.P16) seeking Police Enquiry Report. On 1-10-2015,
Police of Hyderabad have sent a report (Ex.P18) stating that the identity of the passport applicant could not be established., and hence not recommended. However, the Republic of India has re-issued passport N1424311 (MO-2) on 31-8-2015 to A-1 by adding the name of A-2 as spouse. To seek re- issued passport (MO2) the A-1 has enclosed copy of his passport (MO1), and false Marriage
Certificate, which was issued by AP State Wakf Board basing on fake Shiyanama (Ex.P84), and A-2 has submitted her Passport H9815707. The accused no. 1 and 2 have made use of the second passport
H98156707 for obtaining MO-2.
CIRCUMSTANCES LEADING TO ARREST OF THE A-1:
This court has issued a non-bailable warrant in C.C. No. 107/2008 in Cr. No. 34/2005 of Kalapathar
P.S., U/Sec. 25 (1) (b) of Indian Arms Act against the accused no.1, and the police has issued Look Out
CMM/Hyderabad 6 C.C. 202-2017
Circular against him under C.No. 151/LOC/CCS-DD/Hyd/2016 dated 17-12-2016. While so on 25-12- 2016 the accused no.1 was detained in International Airport, Mumbai on the strength of the LOC and took him into their custody and informed to the Police of Kalapathar. On such information PW1/Rudra
Bhaskar, SI of Police of Kalapathar PS went to Immigration Authorities of Mumbai International
Airport, and brought the accused no.1 to Hyderabad, and remanded him to judicial custody in C.C.
107/2008 on the file of this court. Then he lodged complaint, and handed over the seized passports (MO1 and MO2) to PW34/Sudarshan, Inspector of Police, of Kamatipura PS. PW34/Sudarshan has registered the same as case in Cr. No. 119/2016 U/Sec. 420, 468, 471 of IPC and Sec. 12 (1) (b) of
Indian Passport Act and conducted an investigation.
INVESTIGATION:
During the course of investigation, the PW34/IO has seized the passports in question (MO1 and 2) from the PW1/Rudra Bhaskar; obtained production warrant from this court, and produced the accused no.1 before this court on 28-12-2016. Again he took the A1 into police custody for eight days from 4- 1-2017 to 12-1-2017. On 11-1-2017 he visited the house of accused no.1 and recovered some documents under a seizure report; that on 12-1-2017 he reproduced the accused no.1 before this court, and added Sec. 109, 120 (B) of IPC and also added accused no. 2 to 6 basing on the confession of accused no.1 that A1 took the assistance of them in fabricating several documents such as ration card, shiyanama, driving license, voters ID etc.; that he arrested the accused no. 4 and 5 and recovered original copy of false shiyanama (Ex.P84) and its copy (Ex.P85); that he arrested accused no. 3 and recovered the computer and its accessories (MO 3 to 9), which were used for preparation of fake documents; that he got arrested the accused no.9/Notary advocate and recovered Notary Seals which were used for fabrication of false affidavits (Ex.P12 and P13), and forwarded the accused no. 3,4,5 and 9 to judicial remand; that he addressed a letter to Consulate General of India at Dubai and got the copies of fake documents i.e., shiyanama (Ex.P84), Personal Particulars Form submitted by A-1 to the
Consulate General of India, xerox copy of his Passport J1225657 (MO1), xerox copy of Passport H 9815707 of accused no.2, false marriage certificate purported to have been issued by AP State Wakf
Board, which were submitted by accused no.1 to Consulate General of India at Dubai for re-issue of
Passport N 1424311 (MO-2); that he also collected the Rules related to issue of Tatkal passport
CMM/Hyderabad 7 C.C. 202-2017 (Ex.P68) from Passport Office; that he got a letter (Ex.P26) from the GHMC that the Electoral ID
Card bearing no. LRY 3715227 (Ex.P10) standing in the name of A-1 is fake, he got a letter (Ex.P27) from Asst. Civil Supply Officer, Circle V, Hyderabad that the Ration Card no. PAP 1675300110771 (Ex.P9) available at H.No. 9-8-298, Bada Bazar, Golconda, Hyderabad standing in the name of
Fathima Sulthana, is fake, he got another letter from the District Transport Officer, Ranga Reddy
District (Ex.P33) that the driving license bearing no. DLFAP 013564876310 (Ex.P11) standing in the name of Ayub Khan S/o Sayeeduddin, R/o 9-8-298, Golconda, Bada Bazar, Hyderabad, was not issued by their Department; that he collected original shiyanama (Ex.P37), affidavit given by A-1 at the time of his marriage (Ex.P38), xerox copy of SSC certificate (Ex.P39) of accused no.2 to PW16/Md.
Yaseen Kahn Parves, Deputy Qazi of Golconda. The Central Government has accorded sanction orders (Ex.P120) to prosecute accused no.8. After completion of investigation, he filed charge sheet for the offences U/Sec. 468, 471, 120-B r/w 109 of IPC and Sec. 12 of The Indian Passport Act, 1967.
SUBSTANCE OF CHARGE SHEET:
The investigation is disclosing that the accused no. 1 to 9 have conspired together and fabricated several documents such as house hold card (Ex.P9), voter ID Card (Ex.P10), driving license (Ex.P11), false affidavits (Ex.P12 and P13) and submitted passport application (Ex.P8) to Passport Office,
Hyderabad and obtained passport J 1225657 (MO-1); And that again they have fabricated fake shiyanama (Ex.P84) submitted to Consulate General of India at Dubai and got re-issued another fake passport N 1424311 (MO-2), and thus committed an offences U/Sec. 468, 471, 120-B r/w 109 of IPC and Sec. 12 of The Indian Passport Act, 1967.
[2] TAKING OF COGNIZANCE:
This court has taken cognizance of offences U/Sec. 468, 471, 420, 120-B r/w 109 of IPC and Sec. 12 (1) (a) (b) of The Indian Passport Act against the accused no. 1 to 9. Since the accused no. 7 is absconding, the case against him was split up as C.C. No. 383 /2017. The trial went on against the accused no. 1 to 6, 8 and 9.
CMM/Hyderabad 8 C.C. 202-2017 [3] FURNISHING OF COPIES AND CHARGE FRAMING:
Copies of documents were given to the accused U/Sec. 207 of Cr.P.C., and they were examined U/Sec.
239 of Cr.P.C. for the offences U/Sec. 468, 471, 420, 120-B r/w 109 of IPC and Sec. 12 (1) (a) (b) of
The Indian Passport Act, and the substance of the accusation was read over to the accused no. 1 to 6, 8 and 9. They pleaded not guilty and claimed to be tried. Then this court has framed charges U/Sec. 240 of Cr.P.C. for the offences U/Sec. 468, 471, 420, 120-B r/w 109 of IPC and Sec. 12 (1) (a) (b) of The
Indian Passport Act, and read over the contents of the charge, and they were informed of the destiny of the trail.
[4] The prosecution examined PW's 1 to 35 and got marked Ex P1 to P136 and MO1 to 11. After closure of evidence of prosecution the accused were examined U/Sec 313 of Cr.P.C ., and the incriminating material was put to the accused, they denied the truth in the evidence of prosecution and reported no defence.
[5] The defence of the accused is that they were falsely implicated in this case.
[6] Heard both the sides and also written arguments filed by A1, A2, A4 to A6, A8 and A9.
[7] DETAILS AND SCOPE OF EACH OF THE WITNESSES:
The prosecution has examined on its behalf Pws 1 to 35, and got marked Ex.P1 to P136, and MO-1 to
11. For the sake of better comprehension of the case, let me present the scope and the nature of evidence of each of the witnesses.
PW1: Rudra Bhaskar is the Inspector of Police who brought the A-1 from Immigration Office, Bombay on execution of NBW in C.C. No. 107/2008 and Ex.P1 to P6 are marked through him.
PW2: Sravan Kumar is SI of Police who accompanied the PW1 to Bombay to bring A-1.
PW3: Niveditha is an employee of Passport Office of Hyderabad, who stated about furnishing of incriminating documents as in Ex.P 7 to 24 from the computers being maintained in Passport Office.
PW4: Thota Pandu is Police Constable of Special Branch of Police. He verified the details of Ex.P8:
Passport application of A-1 and delivered Ex.P14: PVR on 18-10-2010
PW5: Md. Zuberuddin is Police Constable. He verified the particulars furnished in Ex.P19 by the A-1 to the Consulate General of India at Dubai seeking re-issue of MO-2.
PW6: Md. Abdul Azeem is owner of H.No. 9-8-298, Bada Bazar, Golconda, who deposed that he purchased the said house U/Ex.P25: sale agreement and that A-1 never resided in it.
CMM/Hyderabad 9 C.C. 202-2017
PW7: Md. Khaleel is residing as a tenant of PW6 in H.No. 9-8-298, Bada Bazar, Golconda from 2013 to till date.
PW8: Md. Osman deposed that PW6 let out the house to PW7 and he acted as a middleman at the time of purchase of house by PW6 vide Ex.P25.
PW9: K. Venugopal is Deputy Commissioner of GHMC. He deposed that the Voter ID card of A-1 as in Ex.P10 was not issued by GHMC.
PW10: Shaik Naseeruddin is Assistant Civil Officer. He stated that the Household card as in Ex.P9 was not issued by Civil Supplies Department. Ex.P 27 to 29 are correspondence papers marked through this witness.
PW11: Prabhakar is Assistant Civil Supplies Officer. He stated that the ration card as in Ex.P32 in
H.No. SRT 1229, Shanthi Nagar, Hyderabad standing in the name of A-1 was not issued by his department. Ex.P31 is the letter addressed by him to IO.
PW12: V. Pandu is Ration Shop Dealer. He deposed that the ration card holder of Ex.P32 never took ration from his FP Shop.
PW13: Kulkarni is the owner of H.No. SRT 1229, Shanthi Nagar, Balanagar, Hyderabad. He deposed that he purchased the said house in the year 1998 and has been residing in it, and that the person appearing in Ex.P32: ration card i.e., A-1 never resided in SRT 1229, Shanthi Nagar. PW14:
Manthappa is officer from Office of RTO, Ranga Reddy District. He deposed that his office did not issue the Driving License as in Ex.P11 in the name of accused no.1, and Ex.P33 is his letter.
PW15: Ramesh is officer from RTA, Hyderabad. He deposed that no record was available in his office with regards to the DL as in Ex.P11 standing in the name of A-1.
PW16: Md. Yaseen Khan Parvez is Naiv Qazi of Asif Nagar, Hyderabad. He deposed that Ex. P37
dated 7-7-1993 is the true Nikhanama of A-1 and A-2, and that Ex.P38 to P42 are the true certificates
submitted by A-1 and A-2 at the time of their marriage before Qazi of Golconda.
PW17: Laxmi Narayana Mahadevan is the Accounts Officer from the Office of Pension Office, Masab
Tank, Hyderabad. He deposed that the mother of accused no.1 namely Mahaboob Begum has drawn pension as widow of Jahangir Khan who worked in Hyderabad Armed Forces as Naik. He supplied the pension file papers (seven sheets) under the cover of Ex.P43: covering letter.
PW18: Md. Asadullah, an ex-employee of Telangana State Waqlf Board, stated that the Nikhanama of
A-1 and A-2 under Ex.P37 is genuine, and Nikhanama of A-1 and A-2 under Ex.P84 is false. His letter is Ex.P44.
PW19: Shoban Babu is Jailor in Cherlapalli Central Prison. He deposed that the A-1 remained in jail from 14-5-2008 to 4-5-2010 as an UTP and from 5-5-2010 to 12-2-2011 as a convicted prisoner.
PW20: Mirza Sulthan Baig worked as an assistant under the PW22/Qazi of Golconda. He stated that he performed the marriage between the A-1 and A-2 on 7-7-1993 and Ex.P37=Ex.P46 is the true
Nikhanama.
CMM/Hyderabad 10 C.C. 202-2017
PW21: Ch. Venkateswarlu is SBI Manager. He deposed that the mother of accused no.1 by name
Mahaboob Begum used to receive pension through her SB Account no. 52081312420, and as per Bank records her husband’s name is Jahangir Khan. Ex.P47 is the relevant account extract.
PW22: Md. Nizamuddin Hussain is working as Nayab Qazi from the year 1976 to till date. He deposed that PW20 had performed the marriage between accused no.1 and 2 on 7-7-1993, and that as per the request of Investigating Officer his office supplied the documents as under Ex.P37 to P40.
PW23: Madhu Babu is Jailor in Central Prison of Visakapatnam. He deposed that the accused no.1 remained in his jail as a life convict from 13-2-2011 to 11-4-2014 in Sessions Case no. 222/2003 on the file of Metropolitan Sessions Judge, Hyderabad, and that he was transfered on administrative grounds from Central Prison, Cherlapalli. Ex.P48 is the letter issued by him.
PW24: Ayyappa is Mandal Revenue Officer. He deposed that at the request of police he verified the records to know the genuineness of residence certificate in L.Dis. G/1497/1997 standing in the name of Naveed Ahmed, is a fake one. He verified the records and issued Ex.P51 reply to Ex.P50/police requisition.
PW25: M.A. Mannan Farooqui is the CEO of Telangana State Wakf Board. He deposed that on the request of police he verified the Marriage Registers being maintained by his office and clarified that the accused no.1 and 2 got their marriage registered on 7-7-1993 with true details, and again they got registered their marriage for the second time with false details basing on the false Nikhanama issued by
Qazi of Shadnagar. Ex.P53 is the letter given by him.
PW26: Dasaratham is Deputy Superintendent of Central Prison, Cherlapally. He deposed that the accused no.1 was admitted into his jail on 14-5-2008 as an under trail prisoner in S.C. No. 584/2001 for attempt to murder, and he faced the trail in another murder case in S.C. No. 222/2003, and was convicted on 4-5-2010 in the said case, and his detention continued till he was transfered to
Visakapatnam Jail on 12-2-2011 on administrative grounds.
PW27: Md. Hussain is a panch witness. He did not support the case of the prosecution.
PW28: Ravi Kosuri is Deputy Passport Officer in Regional Passport Office, Hyderabad. He has given answers under Ex.P57 to the questionnaire under Ex.P56 given by the Investigating Officer. He also supplied the xerox copy of Tatkal Passport Rules at para 8.1 and 8.2 in page no. 79 of Passport
Manual, 2010. He supplied copy of application and its annexures submitted by accused no.1 to
Consulate General of India at Dubai seeking re-issue of passport N 1424311 (MO-2). Ex.P59 is his covering letter. He also supplied the copies of documents which the accused no.2 submitted to Passport
Office to secure her passport H 9815707. Ex.P60 is passport application of accused no.2, Ex.P61 to 68 are the enclosures to Ex.P60 made by accused no.2. He also supplied Ex.P70/Scanned copy of passport application of accused no.1 processed by accused no.8. He also supplied Ex.P 89: Attendance Register of Passport Office pertaining to September, 2010. He also produced some of the papers processed by the accused no.8 and they are Ex.P91 to P100.
PW29: Madhava Rao is Mandal Revenue Inspector. He acted as panch witness for arrest and seizure of incriminating documents from the accused.
CMM/Hyderabad 11 C.C. 202-2017
PW30: V. Shiva Shankar is the S.I. of Police. He apprehended the accused no.3 and produced before
PW-34, who recovered MO3 to 9: computer accessories from accused no.3 under Ex.P86 and P87.
PW31: Srinivasulu is the S.I. of Police. He apprehended the accused no.9 and produced him before the
PW34, who recovered MO-10 and 11 :Notary Rubber stamps under Ex.P88
PW32: S.P. Misra is Immigration Officer at CSI Airport, Mumbai. He arrested the accused no.1 in
CSI Airport on Look Out Circular (LOC) issued by the police of Kalapathar PS, Hyderabad, handed over the accused no.1 along with MO-1 and Mo-2 to the police of Kalapathar PS.
PW33: V. Vijaya Lakshmi is Senior Superintendent of Regional Passport Office of Hyderabad. She supplied downloaded copies of daily cash report of accused no.8: BA Venkateswara under Ex.P91, P94 and P100, and certificate U/Sec. 65 (B) of Indian Evidence Act as in Ex.P104.
PW34: Sudarshan is the Investigating Officer
PW35: G.Niranjan Rao (Joint Secretary-External Affairs (GOI))
8. EVIDENCE OF PROSECUTION: Now let me present the evidence of prosecution in gist for the sake of perusal as under:
PW1/Rudra Bhaskar, the Inspector of Police of Kalapathar, has deposed that a Non- bailable warrant was pending against accused no.1 herein in C.C. No.107/2008 on the file of this court; that the DCP of South Zone issued a Look Out Circular (LOC) against the accused no.1, and in pursuance of LOC, on 25-12-2016 the Immigration Authorities of CSI Airport, Bombay have apprehended the accused no.1 herein and they informed to the Police of Hyderabad by way of Fax message as in Ex.P1 and also addressed a letter as in Ex.P3 to the Police of Hyderabad ; that on such information he proceeded to Bombay, took the custody of accused no.1 under a covering letter as in
Ex.P2 and collected the fake passports as in MO1 and MO2 and produced before this court in C.C.
107/2008; that upon perusal of contents of passport he learnt that the accused no.1 has furnished his father’s name as ‘Sayeeduddin’ instead of ‘Jahangir khan’; that upon noticing the false information in the MO-1 and MO-2: Passports, he lodged complaint as in Ex.P4 before Kamatipura PS. Ex.P5 is the letter under which he produced the accused no.1 before this court in CC 107/2008, and Ex.P6 is certifed copy of NBW issued in CC No. 107/2008 by this Court on 26-12-2016.
PW2/G. Sravan Kumar SI of Police of PS Kalapathar in his evidence has deposed that he accompanied PW1 to Chatrapathi Shivaji Airport, Bombay on 25-12-2016 and assisted him in apprehending the accused no.1
CMM/Hyderabad 12 C.C. 202-2017
PW3/A.S. Niveditha, Senior Superintendent in the Office of Regional Passport Office,
Hyderabad has deposed that she has supplied below detailed documents to the police as per the instructions of Deputy Passport Officer (PW28).
Ex P7 is printout view draft of passport details file no. HYDA05353710.
Ex P8 is attested xerox copy of application submitted by Ayub Khan (Four pages) .
Ex P9 is attested xerox copy of house hold card.
Ex P10 is xerox attested copy of voter ID card of Ayub Khan.
Ex P11 is xerox attested copy of Driving License of Ayub Khan .
Ex P12 is xerox attested copy of affidavit of Ayub Khan as to his date of birth (two pages) .Ex P13 is xerox attested copy of Ayub Khan in Anexure-I (two pages).
Ex P14 is xerox attested copy of police verification report along with personal particulars form (two pages). Ex P10 to Ex P14 are related to MO-1: Passport.
Ex P15 is printout view draft of passport details file no. UAED 18276815.
Ex P16 is attested xerox copy of letter received by passport office, Hyderabad from Consulate General of Dubai for confirmation of passport particulars of Ayub Khan.
Ex P17 is xerox attested copy of reply.
Ex P18 is attested copy of police verification report along with covering letter (two pages).
Ex P19 is attested xerox copy of personal particulars form of Ayub Khan (two pages). Their passport office received Ex P19 along with Ex P16.
Ex P20 is xerox attested copy of report sent by Regional Passport Office, Hyderabad. Ex P15 to P20 are related re-issued passport (MO-2).
Ex P21 is printout view draft of passport details file no. HYDA06301797 of Navid Ahmed.
Ex P22 is attested xerox copy of application submitted by Navid Ahmed (Five pages).
Ex P23 is xerox attested copy of residence certificate of Navid Ahmed.
Ex. P24 is xerox attested copy of affidavit of Navid Ahmed with regard to date of birth.
Ex P91 to Ex P100 are the documents processed by accused no.8 during the course of regular business.
CMM/Hyderabad 13 C.C. 202-2017
Ex.P101 is the certification issued U/Sec. 65(B) of Indian Evidence Act certifying that she has down loaded the above documents from the computer maintained in the Regional Passport Office,
Hyderabad.
In the course of cross-examination (at page no.4 of deposition), PW3 mentioned that there is one
Resident Engineer, who takes care of all computers in the office. She further admits that there are other authorised officers in the office who can have access to the data which she stored in computers. She denied the suggestion that the documents which she supplied are manipulated to suit the convenience.
PW4/Thota Pandu, Special Branch Constable, in his evidence has deposed during the year 2010 he had verified the details of Passport Application of Ayub Khan and submitted his report as in Ex P14 the applicant Ayub Khan (A-1) was not residing in the given address in your application in house no.
9-8-298, Bada Bazar, Golconda.
PW5/Mohd Zuberuddin, Police Constable in his evidence has deposed that he verified and reported the details of Passport application of Ayub Khan (A-1) with reference to embassy file of United Arab
Emirates file no. 053537, and visited the house bearing H.No. NO. 9-8-298, Bada Bazar, Golconda, enquired the neighbours, and reported that the applicant was not residing in the given address. Ex.P18 is his report dated 10-10-2015.
PW6/Mohd Abdul Azeem in his evidence stated that he purchased the house bearing no. 9-8-298,
Bada Bazar, Golconda from one Abdul Satar; and that PW8/Md Osman mediated the deal and that he let out the said house to one Mohd Abed in the year 2007 and he vacated the said house in the year 2013 and later he let out the same to PW7/Abdul Kaleel for a rent of Rs 3,000/- per month; that Ex
P25 is attested copy of agreement of sale dt 04-04-2007 under which he purchased; that when the
Passport enquiry people came to him, he had informed that Ayub Khan never resided in the said house.
PW7 /Mohd Khaleel in his evidence has deposed that PW6 is the owner of his house bearing no. 9-8- 298, Bada Bazar, Golconda in which he is residing as a tenant from 2013 to till date; that PW8/Mohd
Osman arranged the said house for him as a tenant; that when the police asked him whether a person by name Ayub Khan was residing in his house, he had informed to the police that no such person was residing in the said house.
CMM/Hyderabad 14 C.C. 202-2017
PW8/Mohd Osman is residing in house no. 9-8-297, Bada Baszar, which is adjoining to the house in question. He deposed that PW6 purchased the house bearing H.No.9-8-287, Bada Bazar, from one
Abdul Sarkar in the year 2007, and he acted as mediator in the deal; that later PW6 let out the said house to one Mohd Abed and after his vacation he let out to PW7 in the year 2013; that in the year 2015 the passport enquiry people came along with Ex.P9 to P11 and by showing those documents, they asked him whether Ayub Khan was residing in the said house, for which he had replied negative and informed that PW7 is residing in the house but not Ayub Khan.
PW9/K. Venugopal Deputy Commissioner in Malkajgiri Circle of GHMC, Hyderabad deposed that on the request of Police of Kamatipura, he verified the online record in his computer records for the details related to Ex.P10:Voter ID card bearing no. LRY3715227 standing in the name of Ayub Khan,
S/o Syeeduddin Khan, and issued reply as in Ex.P26 stating that no record was available in his computers with such Voter ID number. He further added that the manual records will be destroyed after expiry of three months from the date of final publication of Electoral list.
PW10/Shaik Naseeruddin , Assistant Civil Supply Officer, Mehadipatnam Circle, Hyderabad has deposed that the police of Kamatipura placed request as under Ex.P27 for information with regard to
Ex.P9: House hold ration card bearing no. PAP 167530110771, and in response to it, he verified the information with National Informatica Centre (NIC), through their District Civil Supplies Office, and gave reply as in Ex.P30.
PW11/ K. Prabhakar, Assistant Civil Supply Officer in Circle 7, Khairthabad, Hyderabad has deposed that as per the requisition of Kamatipura Police, he verified the records in their computer and replied as under Ex.P31 dated 01-02-2017 stating that Ex.P32: Ration card no. WAP 1677744A0135 in respect of Sri Ayub Khan S/o Jahangir Khan, age 44 years, House no. SRT 1229, Sanathnagar, Hyderabad has been issued by their office, but the record was not available in their office.
PW12/V. Pandu, Fair Price Shop Dealer, deposed that he had been running Fair Price shop no. 744 in
Sanathnagar 1979 onwards; that on the request of Police of Kamatipura he has verified his records and infoormed that the Ration Card holder as in Ex.P32 (Ayub Khan) never took ration from his shop.
PW13/G. Kulkarni is the owner of house bearing no. SRT 1229, Sanathnagar, Balanagar. He deposed that he purchased the said house from one Nageshwar Rao in the year 1998 and has been residing in
CMM/Hyderabad 15 C.C. 202-2017 the said house; that the police of Kamatipura showed to him Ex P32:Ration Card and asked him whether he knew the person appearing in it, for which he replied that the person appearing in Ex.P32 never resided in his house, and that he never let out his house to Ayub Khan.
PW14/P. Manthappa, Administrative officer – Cum – Additional Licensing Authority Officer in the office of Road Transport Authority, Ranga Reddy District has deposed that on the reques of PW34, he searched in central server and office server on-line and also manual records for the particulars of
ExP11/Driving License bearing no. DLFAP013564876310 and replied that the above driving license was not issued by his office; that Ex.P11 is xerox copy of driving license received by him for verification and Ex.P33 is his reply.
PW15/C. Ramesh, working as Regional Transport Officer, Hyderabad, West Zone Officer deposed that on the request of PW34 as in Ex.P34, he verified the particulars of Ex.P11/Drivine License bearing no. DLFAP013564876310 in on-line record and also manual records and replied under Ex.P35 that the above driving license was not issued by his office. PW16/Mohd Yaseen Khan Parvez, Naiv
Qazi (Deputy Qazi) for the area Asifnagar in Hyderabad deposed that as per request of Inspector of
Police Kamatipura as in Ex.P36, he was directed by Qazi of Golconda Area to reply, and accordingly
Qazi Golconda supplied the Ex.P37:original Nikha Nama standing in the name of Ayub Khan with
Hafiza Begum (Urdu Version), Ex.P38: affidavit of Ayub Khan, along with xerox copies of Ex.P32 (Ration Card), Ex.P39:Xerox copy of SSC Certificate of Hafiza Begum, Ex.P40:marriage certificate issued in English Version basing on Ex.P37, Ex.P41: certified copy of Ex.P37 and Ex.P42:translated
English copy of Ex.P37.
PW17/Lakshmi Narayana Mahadevan, working as Senior Accounts Officer, DPDO, Masabtank,
Hyderabad in his evidence deposed that on the request of police of Kamatipura he furnished the details of Pension account of Mahaboob Begum, who is the mother of A-1; that the mother of A-1 was drawing family pension of her husband Late Jahangir Khan who worked in Hyderabad State Armed
Services as Naik (Ex-Service man); that he furnished reply as under Ex.P43 along with attested copies of documents (7 sheets apart from letter); and the mother of Ayub Khan drew the pension regularly as widow of Jahangir Khan who died in the year 1984 as per the records and by then A1/Ayub Khan was 12 years old.
CMM/Hyderabad 16 C.C. 202-2017
PW18/Mohd Asadullah, CEO of Walkf Board of Telangana State, in his evidence has deposed that on 18-01-2017 he received a requisition along with xerox copies of two Shiyanamas and two marriage certificates of Ayub Khan for verification, and in pursuant of such request, he verified the records in
Walkf Board and issued reply as in Ex.P44: F.No. 1/QZD/2017 dated 20-01-2017 stating that the first
Nikhanama (Ex.P37) issued by Qhazi of Quila Mohammed Nagar, Golconda was genuine, and that the second one issued by Qhazi of Narkoda, Shadnagar (Ex.P84) was fake one. Ex P44 is his reply letter dt 20-01-2017. He further added that in the first Shiyanama the name of Ayub Khan’s father was mentioned as ‘Jahangir Khan’, and in the second Shiyanama such name was mentioned as ‘Sayeduddin’, and that the first marriage certificate of Ayub Khan was issued in the year 2010 and second one was issued in the year 2014.
PW19 /Shoban Babu, Jailer in Central Jail, Cherlapalli deposed that he is a Jailor in Cherlapally,
Central Prison; that on the request from police of Kamatipura as to detention particulars of accused no.1 in the prison, he verified his records and gave reply letter along with Nominal Rolls as in Ex.P45 that accused no.1 was in prison from 14-05-2008 to 04-05-2010 as UTP No. 9733, and after conviction as Convicted Prisoner no. 2766 from 05-05-2010 to 12-02-2011 and that as per Jail record
Ayub Khan was not released on bail or on parole and later A1 was transferred to Central Prison
Visakapatnam on Administrative grounds.
PW20/Mirza Sulthan Baig deposed that he worked as an Assistant under one Ahmed Shareef who worked as Nayab Qazi for the area of Jahanuma between 1986 to 1995, and that on 07-07-1993 he had performed the marriage between Ayub Khan S/o Jahangir Khan with Hafeeza Begum in Jahanuma area; and that Ex.P37=P46 is the Nikhanama, which contains his signature and it is in his handwriting.
He identified the accused no.1 herein as Ayub Khan.
PW21/Ch Venkateshwarlu, Bank Manager, SBI, Hussainialam branch deposed that on the request of the police of Kamatipura he had supplied xerox attested copies of account no. 520813122420 as in
Ex.P47 which is standing in the name of A2/Mahabob Begum W/o Jahangir Khan.
PW22/ Mohd Nizamuddin Hussain, Sadar Qazi deposed that on Ex.P36:Requisition of Police of
Kamatipura PS his Office issued Ex.P37 to P40; that accused no.1 and 2 have filed an affidavit as in
Ex.P39 seeking addition of their dates of birth and their mothers’ names in marriage certificate; that as
CMM/Hyderabad 17 C.C. 202-2017 per the request of accused no. 1 and 2, his office issued Ex.P40:Marriage Certificate in English version.
In the course of cross examination he admits that he can not identify the accused no. 1 and 2. He further deposed that the Wakf Board used to supply the printed forms of Shianama (marriage registration forms); and each of Shianama booklet will be given to bride and bride groom; and one copy will be given to Wakf Board and one copy to Archives Department.
PW23/G. Madhu Babu, Jailor in Vishakapatnam Central Jail deposed that on the requisition as in
Ex.P48 by the Police of Kamatipura PS on 01-09-2017 he verified the records and issued reply as in
Ex.P49 stating that Ayub Khan remained in Central Prison, Vishakapatnam from 13-02-2011 to 11-04- 2014 as a life convict in SC 222/2003 on the file of Metropolitan Sessions Judge Court, Hyderabad; and that he was transferred from Central prison, Cheralapally to Vishakapatnam Central Prison on
Administrative grounds; and that he was released in view of that the Honorable High Court was pleased to set aside the conviction awarded by Hon'ble MSJ, Hyderabad.
PW24/P. Ayyappa, Tahsildar, Golconda in his evidence deposed that on the request of police of
Kamatipura PS, he received a requisition along with xerox copy of certificate of residence of Naveed
Ahmed, from Kamatipura police on 31-12-2016 with regard to genuineness of residential certificate issued vide L. Dis. No. G/1497/1997. Ex.P50 is requisition received by him and that he gave reply as in Ex.P51 stating that the residential certificate vide L. Dis. No. G/1497/1997 was not issued by their office; and he verified the Inward Register of his office with the L. Dis. No. G/1497/1997, and found that such entry was related to Festival advance application of one of their employees. Ex.P52 is xerox copy of inward register .
PW25/ MA Mannan Farooqui, CEO of Telangana State Walkf Board, deposed that on the request of
Police of Kamatipura PS he had verified his records and furnished that marriage of “Ayub Khan S/o
Jahangir Khan” was registered on 29-3-2010 basing on the Shiyanama sent by Qazi of Golconda, and again his marriage was registered for the second time as “Ayub Khan S/o Sayeeduddin” basing on the
Nikhanama sent by Qazi of Narcoda, Shad Nagar on 9-9-2014; and that he replied as in Ex.P53 by appending the five pages of relevant register; and that the subsequent entry was got mutated by playing fraud.
CMM/Hyderabad 18 C.C. 202-2017
PW26/Ch Dasaratham, Deputy Superintendent, Central Prison, Cherlapally in his evidence has deposed that as per requisition of Police of Kamatipura he verified the jail records and replied on 3-2- 2017 under Ex.P54 stating that A1 was in their prison from 14-05-2008 as an UTP in SC No.
584/2001 of PS Hussainialam; and that A-1 was convicted with life imprisonment by sessions court in SC 222/2003 of PS Hussainialam dt 04-05-2010 and that later he was transferred to Central Prison,
Visakhapatnam on administrative grounds on 12-02-2011.
PW27/Md Hussain is panch witness for the seizure of passports by Investigating Officer. He did not support the case of prosecution and as such he was declared as hostile by the prosecution .
PW28/Ravi Kosuri, Deputy Passport Officer in Regional Passport Office, Secunderabad deposed that he replied under Ex.P57 to the questionnaire put by the Investigating Officer; that he also supplied the passport manual rules in page no. 79, para 8.1 and 2, under Ex.P58:Covering letter; that he also furnished the certified copy of Passport N 1424311 (MO-2) and its annexures submitted by Ayub Khan to the Indian Consulate General at Dubai; that he also supplied scanned copies of documents which
Hafeeza Begum submitted in respect of her passport H 9815707 as in Ex.P60 to P67 under a covering letter as in Ex.P68; that he also supplied the extract of Tatkal Passport Rules as in Ex.P69 to the
Investigating Officer; that his his office has also supplied scanned copies of passport application and its annexures of Ayub Khan as in Ex.P70, which was processed by the accused no.8: BA
Venkateswarlu.
on the request of Police of Kamatipura with the approval of Regional Passport Officer, PW3:
Niveditha has supplied Ex.P7 to P24; that PW3/Niveditha submitted attested copies of passport applications along with enclosures as in Ex.P7 to Ex.P24; that accused no.8 verified the passport application of accused no.1 as in Ex.P8 and MO-1 was issued on the basis of Ex.P8; that accused no.8 attended the office on the relevant day as per Ex.89: Attendance Register and Ex.P90: signature of accused no.8 in Sl. No. 31 in Ex.P89: Attendance Register; that his office supplied to the Investigating
Officer the printouts of cash report, pertains to verification day of Ex.P8 to show that accused no.8 has processed the Ex.P8, and Ex.P91 is the cash collection statement pertains to accused no.8 for the relevant day; that his office also supplied the downloaded papers as in Ex.P92 to P100, which are processed and initialed by accused no.8, to prove the initials of accused no.8; that the accused no.8
CMM/Hyderabad 19 C.C. 202-2017 was given an employee ID no. A 348, and the papers processed by the accused no.8 are containing the employee ID no. A348 of accused no.8.
In the course of cross examination, PW28 disclosed that at the time of issue of MO-1: passport he was not working in the Regional Passport Office, Hyderabad; that the original passport application of accused no.1 as in Ex.P8 and its enclusures as in Ex.P9 to P11 submitted were destroyed; that all the papers supplied to the police were scanned papers and that he had not seen the original documents since he was not working by then in Hyderabad; that the passport application will be verified by several officers from the stage of application to till issue of passport; that the name of the officer who verified the application of Ayub Khan is not properly visible on Ex.P70=Ex.P8 (scanned passport application of A-1). He admits that several persons concerning to the process of passport papers, will have an access to the operating systems in the passport office, but it is controlled by central office at
Delhi, but alterations can not be done; that he has given all the documents to the police with permission of Regional Passport Officer and also from Central Office of Delhi; that he has not seen the person who presented the passport application and documents, and who received them in the passport office. He further stated in cross examination of accused no.8 that there will be a police of State
Government guarding the main gate of passport office, and such police will examine and allow inside; that as soon as the applicant enters into passport office a token will be given to him, and the issuer of such token does not know as to which of the Verification Officers will attend to the verification job, and there are about 30 Verification Officers will be working inside the passport office at present; that he is not aware about the token issuing system during the year 2010; that there will be an officer above the
Verification Officer called Granting Officer, who will also verify the index and prior approval category and reject the application in case the data before him matches with the previous existing data; that the police officers may place request before passport office to pass on information if a particular person makes application for issue of passport; that there is an initial of the verifying officer on Ex.P70, and such such signature is not matching with Ex.P90: signature in attendance register; that he has not brought any paper to show that the accused no.8 was allotted with ID No. A348. He denies the suggestion that the accused no.8 has not processed the Ex.P8: passport application of accused no.1. He denies the suggestion that the documents supplied by his office are tampered to suit the convenience of
CMM/Hyderabad 20 C.C. 202-2017 case of prosecution. He denies the suggestion that he produced the documents to the police without permission from the Regional Passport Officer.
PW29/IK. Madhava Rao, Mandal Revenue Inspector in Bahadurpura, Hyderabad District is a panch witness for arrest of accused and recovery of incriminating material. He deposed that on 11-01-2017 on the instructions of MRO, he along with Md Shayriyar Ali/Special RI went to police station of
Kamatipura to act as mediators; that A-1, who was in police custody, confessed that while he was in jail, the A-2 brought accused no.3, a passport agent to him, and on his proposal A-3 agreed to take Rs.1
Lakh for arranging a fake passport in the name of A-1, and after such agreement, A-3 took Rs. 1 Lakh from A-2 and fabricated Voter ID, Ration Card, Driving license in his name, and got fake passport in his name; that after his release from jail he visited Dubai on 11-7-2014 with the aid of such fake passport; that after sometime he asked the accused no.6 to arrange fake Nikanama by changing his parents names, and accordingly accused no.6 fabricated a fake Nikhanama by changing his parents names in Dubai; that with the help of those fake documents he was re-issued with passport and visa in
Dubai; that as led and shown by A-1 the police visited the house of A-1 and recovered Ex.P75: Adhar card of A-2, Ex.P76: Election ID card of A-2, Ex.P77: xerox copy of election ID card of A-1, Ex.P78:
xerox copy of driving license of A-1, Ex.P79: xerox copy of marriage certificate of A-1; Ex.P80: Voter
ID card of A-1, and Ex.P81: xerox copy of ration card of Fathima Sulthana, under the cover of seizure report as in Ex.P74, and the relevant portion of confession of A-1 is Ex.P73.
He further deposed that again he was called to Police Station on 16-1-2017as a mediator, and at that time A-5: Qazi of Golconda confessed that on one occasion A-2 and A-6 came to him with a request to change the names of parents of A-1 in Nikhanama, for which he expressed his inability saying that he was not working as Qazi at the time of marriage of A-1 and A-2, and A-5 in turn secured the presence of A-4: Qazi of Shad Nagar to his house and briefed A-4 of the situation, for which A-4 accepted the bribe of Rs. 10,000, collected the fake ID proofs from A-2 and A-6, and prepared fake Shiynama by changing the parents’ names of A-1; that as led and shown by A-4, the police party reached the house of
A-4 in Shad Nagar, recorded the confession of A-4 and recovered Ex.P84: Original of fake shiyanama,
Ex.P85: Xerox copy of shiyanama and returned to Kamatipura PS.
CMM/Hyderabad 21 C.C. 202-2017
He further deposed on the same day the police interrogated the A-3:Passport Agent in his presence, and
A-3 confessed to have prepared the documents in his computer in his house, and as led by A-3, the police party reached the house of A-3 and recovered Mos 3 to 9: Computer and its accessories under the cover of Ex.P87: seizure report.
He further deposed that the police interrogated A-9 in the PS of Kamatipura on the same day, and recovered Notary seals as in MO10 and 11 from him under the cover of Ex.P88: Panchanama.
In the course of cross examination, he admits that there is no written permission from his higher officers to act as panch witness; that the confession of accused was recorded in question and answer form and he signed in fair copy and the police party visited the house of A-1 at about 3-30/4-00 pm, and that the seized documents were not sealed; and that the wife of A-1 brought the seized documents and produced, and that the police seized the same. In further cross examination he disclosed that on 16-1-2017 at 11-00 or 11-30 hours, the police party and himself went to the house of A-5 in Shadnagar and seized the documents, but the seized documents were not sealed. In further cross-examination done by the A-3, he disclosed that no document was seized from the house of A-3. In further cross examination done A-9, he admits that police have shown the MO-10 and 11 and stated to him that those were seized from the A-9. He denies the suggestion that he had signed all the documents in the
Kamatipura PS and giving false evidence.
PW30/V. Shivashanker, SI of police in his evidence has deposed that on the instructions of PW34, on 16-01-2017 he apprehended the accused no.3 at Nampally Railway Station and produced him before
PW34, who recorded the confession statement of A3 and as led and shown by A3, the PW34 visited the house of A3 in Red hills, Nampally and recovered MO3 to MO9 (Computer and accessories and cell phone) in the presence of mediators PW29 and LW34/Md Shariyar Ali under the cover of seizure report. Ex.P87 is seizure report. Ex.P86 is relevant portion in confession of A3.
PW31/K.Srinivasulu, SI of police deposed that on the instructions of PW34, on 16-01-2017 he apprehended the accused no.9 at Bus Stop opposite to Secretariat and produced him before PW34, who recorded the confession statement of A9 and recovered MO10 and MO11 (two Rubber stamps) in the presence of mediators PW29 and LW34/Md Shariyar Ali under the cover of panchanama as in Ex.P88 in the police station.
CMM/Hyderabad 22 C.C. 202-2017
PW32/SP Mishra, Immigration Officer, Bureau of Immigration of CSI Airport, Mumbai deposed that on 25-12-2016 while he was on his duty in C-batch , Mr. Ayub Khan (A1) arrived in Dammam flight bearing no. 9W563, and on verification of A-1 his computer signaled popup (blinking), and thereupon he verified the LOC is in force against the A-1 with passport of A-1, and found that A-1 was the same passenger, which was wanted by police of Kalapathar Police station, Hyderabad, Telangana State; and he detained A1 and informed to the police of Hyderabad; and that later he handed over A-1 to Police of
Kalapathar along with passports as in MOs 1 and 2.
PW33/V. Vijaya Lakshmi whois working in Cash Section as DDO in Regional Passport Office,
Secunderabad,. She deposed that she had supplied the attested copies as Under Ex P91, Ex P94 and Ex
P100, cash report of Mr B.A. Venkateshwara (A8) under Ex P91, Ex P94 and Ex P100 as per the instructions of Deputy Passport Officer (PW28); and that she issued certificate U/sec. 65 (B) of Indian
Evidence Act as in Ex P102.
PW34/ S. Sudharshan, Inspector of Police in Kamatipura Police is an Investigating Officer in this case. He deposed that on 26-12-2016 at 21.00 hours he received complaint as under Ex.P4 from
PW1 and issued an FIR Ex.P103 is FIR in crime no. 119/2016 for the offences U/sec. 420, 468, 471
IPC and Section 12 (1) (b) Indian Passport Act; that he seized the passports MO1 and MO2 under the cover of Ex.P55 Seizure report in the presence of PW27 and LW32/Md Samiuddin, and he collected
Ex.P1/Fax message, Ex.P2/True copy of accused handing over letter by Immigration Officers,
Ex.P3/letter addressed to joint Commissioner of Police, Hyderabad with regard to apprehension of A1 by immigration Authority; that he examined and recorded the statements of PW1 and PW2 and
LW3/Prathap Singh and collected Ex.P5: Remand report under which A-1 was produced on execution of NBW in C.C. No. 107/2008, and Ex.P6: copy of NBW in CC No. 107/2008 from PW1; that he obtained PT warrant for production of accused, who was in the judicial custody CC No. 107/2008 of this court, and produced A-1 before this court in this case; that he addressed a letter to the Regional
Passport Office, Secunderabad to furnish the scanned documents related to three passport of A1/Ayub
Khan passport bearing no. J1225657, N1424311 and A3604969; That on 28-12-2016 he produced A1 on PT warrant before this Court and took police custody of A-1 for 8 days from 04-01-2017 to 12-01- 2017; that on 11-01-2017 he interrogated A1 in the presence of PW29 and LW34/Md Sheraj Ali as a
CMM/Hyderabad 23 C.C. 202-2017 panchas and recorded the confession of A1 and that the relevant portion was marked as Ex.P73; that as per the confession of A1 he reached the house of A1 along with panchas and seized Ex.P75 to
Ex.P81 under the cover of Ex.P74 seizure report in the presence of PW29 and LW34/Sheraj Ali;
He further deposed that on 12-01-2017 he has reproduced A1 before the court from the police custody, and filed a memo adding Penal Section of 109, 120-B of IPC and also added the names of accused no. 2 to 6 as per confession of A1;
He further deposed that on 16-01-2017 he apprehended accused no.5, and secured two panchas i.e.,
PW29 and LW34/ Md Sheraj Ali, and recorded the confession of A-5, who disclosed that he will show the forged Nikhanama in the house of A-4, and the relevant portion of confession panchanama is
Ex.P82; that as led and shown by A-5 he along with PW29 and LW34/Sheraj Ali went to the house of A-4 at Shadnagar, where he recovered Ex.P84: original of fake Nikhanama and Ex.P85: xerox copy of Ex.P84 from the house of A-4 under the cover of Ex.P83: reached the house of A4 in Shadnagar; and as per confession of A4 he recovered Ex.P84 and Ex.P85 from the house of A4 under cover of Ex.P83 in the presence of same panchas.
He further deposed that on the same day, on his instructions, PW30: B Shiva Shanker apprehend A3 at Nampally Railway station and produced before him in the Police Station, where he recorded the confessions statement of A-3 as in Ex.P86 and as led by A3 , he I reached the house of A3 along with same panchas and recovered MOs 3 to 9:Computer accessories under cover of Ex.P87 Seizure report.
PW34 further deposed that on the same day on his instructions, the PW31: K Srinivasulu, SI of Police apprehend A-9 at Secretariat bus stop, Saifabad, Hyderabad and produced before him; that he recorded the confessions statement of A-9 as in Ex.P88, and as led and shown by A-9 he reached the house of
A-9 along with same panchas and recovered MO10 and 11:Notary seals in the presence of same mediators; and that on 17-01-2017 he prepared arrest memos and forwarded A4,A5,A3 and A9 to judicial remand; and as per the confession of A-3 he added A7 to A9 by way of memo; that on 09-03- 2017 he received certified documents (Ex.P7 to Ex.P24) from PW3 and recorded the statement of
PW3;
PW34 further deposed that on 03-01-2017 he recorded the statement of PW4: Police Constable who stated before him that he (PW4) verified passport application of A1/Ayub Khan and submitted his
CMM/Hyderabad 24 C.C. 202-2017 report in respect of passport bearing no J1225657 (MO-1) date of issue 22-09-2010 that A-1/Ayub
Khan was not residing in the given address and that the report was incomplete.
PW34 further deposed that on 06-01-2017 he recorded the statement of PW5, who stated that he verified details of Passport bearing no. N1424311 (MO-2), which was re-issued on 31-08-2015 by
Indian Consulate at Dubai that the identity of applicant could not be established and applicant was in
UAE, and not recommended for issue of passport as under Ex.P18.
PW34 further deposed that on 31-12-2016 visited the house no. 9-8-298, Badabazar, Golconda and recorded the statement of PW6 who stated that A-1 never resided in this house; and collected
Ex.P25/attested copy of sale agreement dated 04-04-2007 and on the same day he examined and recorded statements of PW7 and PW8, who also stated that A-1 never resided in the house bearing no.
9-8-298, Badabazar, Golconda.
PW34 further deposed that on 31-12-2016 he addressed a letter as in Ex.P107 to PW9 to know the genuineness of Ex.P10: Voter ID standing in the name of A1/Ayubkhan, and he received reply on 04- 01-2007 from PW9 as under Ex.P26 stating that records were not available and not possible to say how A-1 obtained voter ID, and that there was no online record pertaining to the said voter ID
PW34 further deposed that on 31-12-2016 and 04-01-2017 and 06-01-2017 he addressed a letter to
PW10 and asked for the details related to ration card bearing no. P80167530110771 marked as Ex.P108 to Ex.P110 for that he supplied Ex.P28 and Ex.P29 under cover of Ex.P27 and Ex.P30, stating that no details pertaining to the above ration card were available.
PW34 further deposed that on 24-01-2017 he addressed a letter as in Ex.P111 to PW11 asking him to supply the details of ration card no. WAT1677744A0135 (Ex.P32) of A1., for which PW11 gave reply as in Ex.P31 on 01-02-2017 stating that the said ration card was issued by his office, but the the records were not available; that he recorded the statement PW12: Ration Shop Dealer, who stated that no ration was taken from his ration shop on ration card no. WAT1677744A0135 as in under Ex.P32; that on the same day he examined and recorded the statement of PW13 (Owner of house SRT 1229,
Sanath Nagar), who stated that A-1 never resided in the house in question.
PW34 further deposed that on 31-12-2016 he addressed a letter as in Ex.P12 to PW14/RTA, Attapur for the details of Driving License bearing no. DLFAPO13564876310 of A1 (Ex.P11), for which PW14
CMM/Hyderabad 25 C.C. 202-2017 replied as under Ex.P33 stating that the said DL was not issued by his office; that on 31-12-2016 he addressed a letter to PW15/RTO, West Zone, Hyderabad as in Ex.P113 for the supply of details of driving License bearing no. DLFAPO13564876310 of A1 (Ex.P11), for which PW14 replied as under
Ex.P34 stating that the said DL was not issued by his office and under Ex.P35 stating that no record was available with the above DL number.
PW34 further deposed that on 18-01-2017 he addressed a letter as under Ex.P36 to the office of Qazi,
Golconda and PW16 supplied him documents as under Ex.P32, Ex.P37,Ex.P38, Ex.P39, Ex.P40,
Ex.P41, Ex.P42 and recorded his statement; and that on 18-01-2017 addressed a letter to PW18/CEO of Walkf Board asking him to clarify which of the two Shiyanamas bearing no. 22800 (Ex.P37) and 48650 (Ex.P84) of A1 were correct, for which he (PW18) replied under Ex.P44 stating that the
Shiyanama no. 22800 (ExP37) was genuine one and the second one (Ex.P84) was fake for the reason that the father and mother name were different.
PW34 in his evidence has deposed that on 02-01-2018 addressed a letter as in Ex. P114 to the office of Pension Officer DPDO, Masabtank, Hyderabad asking for details of Pension account of mother of
A1 by name Mahabooba Begum, W/o Late Jahangir, for which PW17 supplied attested copies of
Pension Records of Mahaboob Begum as under Ex.P43 , and he recorded the statement of PW17; that on 03-01-2017 he addressed a letter to Superintendent of Central Prison, Cherlapally as in Ex.P115 for detention particulars of A1/Ayubkhan, and PW19 gave reply as under Ex.P45 along with nominal rolls, stating that A-1 was in jail from 14-05-2008 to 04-05-2010 as Under Trial Prisoner and from 05-05-2010 to 12-02-2011 as Conviction Prisoner and at that time A1 was not granted any parole.
PW34 in his evidence has deposed that on 02-02-2017 addressed a letter as in Ex.P116 to Cherlapally
Prison for detention particulars of A-1, for which PW26 gave reply under Ex.P54 certificate stating that the A1 was in jail from 14-05-2008 to 12-02-2011 and that the accused was transferred to Central
Prison, Visakapatnam on administrative grounds and recorded his statement on 03-02-2017; that on 18-01-2017 he addressed a letter under Ex.P48 to Superintendent of Central Jail, Vishakapatnam for which PW23 gave reply under Ex.P49 stating that the A1 was in jail from 13-02-2011 to 11-04-2014.
PW34 in his evidence has further deposed he collected the details of arrival and departure of A-1 from Assistant Director Intelligence Bureau (Ministry of Home Affairs) Government of India, New
CMM/Hyderabad 26 C.C. 202-2017
Delhi dated 06-01-2017 along with arrival sheet and departure sheet and the same is Ex.P117 (contains three pages), and that Ex.P117 shows that A1 has made use of passport no. N1424311 for 6 times for arrival and 5 times for departure and the another passport no. J1225657 for departure from India to
Dubai for one time and that this document shows that A-1 departed from India.
PW34 further deposed that on 06-01-2017 addressed a letter to Regional Passport Officer,
Secunderabad seeking clarification over nine points, for which PW28 gave a reply as under Ex.P57, and as per Ex.P57 the passport of A1 bearing no J1225657 (MO-1) dated 22-09-2010 was issued by the passport office, Hyderabad while A1 was in jail from 14-05-2008 to 12-02-2011 and in Ex.P57 it is mentioned that second passport bearing no. J1225657 was verified by A8 and that the departmental action has been initiated against A-8.
PW34 further deposed that on 30-03-2017 he collected Ex.P15 to Ex.P20 the details of re-issue passport bearing no. N1424311 (MO-2) of A-1 from Regional Passport Office, Secunderabad in the name of A1; that on 21-08-2017 he collected Ex.P60 to Ex.P68: documents related to Passport
H9815707 of A-2; that on 25-09-2017 addressed a letter to RPO, Secunderabad under Ex.P118 asking him to locate the initial of A8 in passport application (Ex.P8), for which PW28 gave a reply by highlighting the initials of A8 in Ex.P70.
PW34 further deposed that on 25-09-2017 he addressed a letter under Ex.P36 to Office of Qazi,
Golconda, and secured Ex.P37 to Ex.P40; that on 25-09-2017 he examined PW20/Qazi who stated that he performed marriage between A1 and A2 on 07-07-1993 and also signed on Ex.P37 original
Shiyanama of A1 and A2; that on 23-09-2017 he addressed a letter to CEO, Walkf Board asking him to clarify which of the two Shiyanamas bearing no. 22800 (Ex.P37) and 48650 (Ex.P84) of A1 were correct, for which he (PW18) replied under Ex.P44 stating that the Shiyanama no. 22800 (ExP37) was genuine one and the second one (Ex.P84) was fake for the reason that the father and mother name were different; that on 29-09-2017 he collected Ex.P47: Bank account opening form and Bank statement of Mahabooba Begum with SBI, Hussainialam;
PW 34 further deposed that he received sanction orders from State Government to prosecute A1 to A9 under the provisions of Passport Act vide GO.RC no.242 dated 15-04-2017 marked as in Ex.P119 and also took permission from Central Government to prosecute A8 through the State Government of State
CMM/Hyderabad 27 C.C. 202-2017 of Telangana number V/Vig.II/843/02/2017 dated 06-11-2017 marked as Ex.P120, and Covering letter
Ministry of External affairs is Ex.P121. Covering letter of Telangana State Government marked as
Ex.P122, and Covering letter of Commissioner of police is Ex.P123.
PW34 further deposed that on 26-09-2017 he addressed a letter to Electroller Officer, Telanagana
State marked as Ex.P126 and received a letter on 20-10-2017 vide letter number 5025/elecs-
E/A3/2017 dated 06-10-2017 marked as Ex.P127; and on 06-10-2017 addressed a letter to Addl.
Commissioner, GHMC marked as Ex.P128 and received a letter vide 1766/Elections/GHMC/20417/516, dated 07-10-2017 marked as Ex.P129 and that on 18-09-2017 he addressed a letter to State Transport Commissioner, Kairtabad and received a letter vide 4584/TS/IT/2017 dated 06-10-2017 marked Ex.P130.
PW34 in his evidence had further deposed that he obtained certified memo filed by Shakir Ali Khan and Mohd Kaiser Khan in crime no. 32/2017 of PS Humayun Nagar before the Honorable VI Addl.
Chief Metropolitan Magistrate, Hyderabad in that they clearly requested that to change the jail as
Ayubkhan is against party and requested to change the jail from Chenchalguda to Cherlapally and it is marked as Ex.P131; that he obtained attested copy of judgment dated 04-05-2010 of Honorable
Metropolitan Sessions Judge, Hyderabad in SC 222/2003 in that the Honorable Court convicted
A1/Ayubkhan and it is marked as Ex.P132 and that he had filed translated copies of Ex.P37 and
Ex.P84 since they are in Urdu language and their English translated copies are Ex.P134 and P135 respectively and Ex.P136 is memo adding A7 to A9 basing on confession of A3..
In the course of cross examination, PW34 admits that the records pertaining to the details of visitors who met the prisoners in Cherlapally Jail were destroyed. He admits that MO1: Passport was issued to
A-1 under “Scheme Type: Normal”. He further admits that he has not recovered the bribe amount of
Rs. 6,000 which is said to have been paid by A-3 to A-8. He also admits that there shall be a Passport
Officer, who is superior to Verification Officer. He also admits that he did not seize the rubber stamp in question. He further admits the charge against A-1 U/Sec. 12 of The Passport Act was not proved in
S.C. No. 222/2003 on the file of Hon’ble Metropolitan Sessions Judge, Hyderabad, and that he did not collect the passport of A-1 in the name as Naveed Khan. He admits that no irregularity was found with the passport of A-2. He further admits that he did not file the covering letter under which he forwarded
CMM/Hyderabad 28 C.C. 202-2017 the case file to the sanctioning authority. He further admits that he did not send the Nikhanama of A-1 and A-2 for comparison of signatures to the Hand Writing Expert, and that he did not send the MO-3 to 9: computer and its accessories seized from A-3 for examination by the Expert. He further admits that he did not seal the seized documents from the accused. He denies the suggestion that he did not seize anything at the instance of A-1, A-4 and A-5. He denies the suggestion that the sanction orders to prosecute the accused for the offence U/Sec. 12 of The Passport Act, is bad since the Telangana State
Government is not competent to prosecute the accused. He denied the suggestion that he saved the officer by name Subodh of Passport Office, and implicated the A-8.
PW35/G.Niranjan Rao who is working as Joint Secretary in the Ministry of External Affairs, Delhi, has deposed that previously he worked as Regional Passport Officer, Hyderabad from June 2009 to July 2011. When MO1 Original passport, which was cancelled was confronted to him, he admitted that the same was issued in the year 2010. He further deposed that Ex.P7 to Ex.P14 are the documents pertaining to MO1 passport, which are verified by the Accused No.8, who was the then verification officer in the passport office. He further deposed that he can identify the signatures of the employees who worked during the relevant period, basing on the record. Ex.P89: attendance register was confronted to the witness and he admitted the same. Ex.P90 is relevant entry in Ex.P89 which shows that Accused No.8 has attended the office and signed in the attendance register of September, 2010.
In his cross examination, PW35 has stated that during his tenure, ten staff members worked on rotation basis as verification officers and they were assisted by lower division and upper division clerks. PW35 further deposed that any other employee who worked at that counter are deemed to be the passport verification officers. He further admitted that he is having Office circulars and proceedings in allotment of duties. Further, he stated that the tatkal applicant will first be passed through security guard and after seeing the application, the applicant will be sent to token counter and in the third step, the verification officer has to verify the application and issue token.
PW35 further stated that as per the records, Accused No.8 verified the passport application and the connected documents under Ex.P7 to Ex.P14. He admitted that he cannot identify the signatures on
Ex.P7 to Ex.P14 and for each counter 60 tokens shall be given. He further admitted that he cannot remember the names of the verification officers on that particular day. He further admitted that he has
CMM/Hyderabad 29 C.C. 202-2017 no personal knowledge with regard to Ex.P7 to Ex.P14 and only basing on the record he is deposing and denied that he is deposing at the instance of prosecution and that he has not issued MO1 and it was issued by his office.
My learned predecessor pronounced the Judgment in this case on dt.07-08-2018. Aggrieved by the said Judgment, accused preferred Appeal before Hon’ble II MSJ on the ground that trial court has not framed the charges properly. Accordingly, the Judgment was set aside on dt.24-03-2020 vide
Judgment passed in Crl. Appeal Nos. 744/846/888 and 988/2018, directing the trial court to frame appropriate charges and pronounce the Judgment and remanded the case to this court and this court received the case record on dt.06.03.2020. Accordingly, appropriate charges were framed on dt.02.11.2020 against A1 to A3, A5, A6, A8 and A9 and on dt.09.11.2020 charges were framed against
Accused No.4.
ANSWER TO CHARGE 1 AND 2 :
Whether the prosecution is able to prove the charges U/sec.420 IPC against A1 for possessing of MO1 and MO2 passports by furnishing false documents?
Prosecution in order to prove the above said charges, got examined several witnesses by collecting supporting documents by addressing letters to the concerned officials. The entire case is based on documentary evidence. PW34 examined PW19, PW23 and PW26 to show that A1 obtained
MO1 passport bearing No.J1225657 on dt.22.09.2010 under tatkal scheme alleged to have furnished false Ex.P9 to Ex.P13 while applying MO1 vide Ex.P8 which is application form for MO1.
PW19 who was working as Jailor in Central Prison (CP) stated that, as per prison records, he furnished details of A1 vide Ex.P45 and according to the record, A1 was (UTP) under trial prisoner No.
9733 in Cr.No.83/2002 of P.S. Hussaini Alam from dt.14.05.2008 to dt. 04.05.2010 and as convicted prisoner No.2766 in CC No.222/2003 from dt.04.05.2010 to dt.12.02.2011 and thereafter A1 was shifted to Central Prison Vishakapatnam on administrative grounds and he was in jail from dt.13.02.2011 to dt.11.04.2014. PW23 furnished the jail information to PW34 vide Ex.P45 and on dt.11.04.2014, he was released in view of setting aside Judgment in SC 222/2003 vide Ex.P132 by
Hon’ble High Court.
CMM/Hyderabad 30 C.C. 202-2017
PW28 who is working as Deputy Passport Officer in Secunderabad, stated that PW3 who is working as Senior Superintendent in Regional Passport Office, Hyderabad furnished Ex.P7 to Ex.P24 all downloaded copies as per request of PW34 and also replied to questionnaire vide Ex.P57 along with 65B certificate under Ex.P72 as contemplated under Indian Evidence Act. PW28 further submitted
Passport Mannual at Page no.79, para 8.1 and 8.2 vide Ex.P58 and as per the Passport Manual, 2010 para 8.1, the tatkal applicant must submit their applications directly at the Passport office counters in person as a general rule. Now it is evident that A1 was not released on bail or on parole, as such, A1 managed to get MO1 on dt.22.09.2010 by submitting false documents. On perusal of Ex.P8 and
Ex.P70 which are one and the same, A1 furnished his fathers name as Sayeeduddin Khan and mother’s name as Fathima Sulthana, Date of birth as 07.07.1977, address as H.No. 9-8-298, Bada
Bazar, Golconda, Hyderabad marriage as nil and Sl.No.17 of Ex.P8 shows that there are no criminal cases prior to (5) years of making this application, though, S.C.No.222/2003 U/sec.302 IPC before
Hon’ble MSJ Court is pending apart from many other criminal cases which A1 has concealed and
furnished false particulars.
In order to prove that A1 submitted false particulars and documents, it is necessary to look into the evidence of PW16. As per the requisition of PW34, he submitted Ex.P37 original Nikhanama and in Ex.P40 to Ex.P42 marriage certificate in English to Ex.P37 which goes to show father’s name of A1 is Jahangir Khan his mother’s name is Mahboob Begum, date of birth is 15.07.1962 and spouse name
Hafeeza Begum are genuine as per Ex.P37, Ex.P40, Ex.P53 and the same is not denied by A1.
PW18 who is working as CEO of Walkf Board of Telangana State deposed that, first marriage of A1 and A2 is genuine and second marriage of A1 and A2 is false and submitted information vide
Ex.P44 and the same is stated by PW25. PW19 stated that he performed the marriage of A1 and A2 on dt.07.07.1993 which goes to show that A1 mentioned false particulars in Ex.P8 that spouse column is kept nil.
In order to further corroborate the case of prosecution, PW17 who is working as Senior
Accounts Officer in pension office, stated that mother of A1 Mahaboob Begum is drawing family pension of her late husband Jahangir Khan and submitted information vide Ex.P43. PW21 who is Bank
Manager of SBI, gave information vide Ex.P47(9 sheets) to show that mother of A1 is having Account
CMM/Hyderabad 31 C.C. 202-2017
No.52081312420 and pension is deposited in the said account. All the above said evidence goes to show that A1 furnished false documents and information vide Ex.P8.
Further, counsel for A1 denies to have filed application vide Ex.P8 for MO1. On this aspect learned APP relied on Section 106 of Indian Evidence Act in a ruling of Hon’ble (SCI) in between Shah
Gumman Mal Vs. State of Andhra Pradesh reported in 1980 AIR 793 which is applicable to the facts of the case and the same is not denied. Further, counsel for A1 submitted that MO1 is planted but record shows that A1 travelled with MO1 on dt.11.07.2014 vide Flight No.EK509 and failed to show how
MO1 came into his possession and the basis for obtaining MO2 at consulate General of India, Dubai for which no reasons are given to support his contention and further contends that MO2 – N1424311 was obtained in Dubai, as such, raised objection U/sec.188 Cr.P.C that this court has no jurisdiction to trial the case. On this aspect, MO2 is admitted by A1 and he was arrested by PW32 immigration officer on dt.25.12.2016 at Mumbai when LOC was blinking and he informed the same to DCP, CCS
Hyderabad by handing over MO1 and MO2 along with Ex.P2 to PW1. Hence the particulars mentioned in MO2 are sent to Passport office, Hyderabad to verify the particulars mentioned in Ex.P14 and Ex.P15 and police verification goes to show that incomplete address in MO1 as per Ex.P14 and
Ex.P15 for MO2 is revoked. Ex.P16 is verification is incomplete for MO1 for re-issue of MO2 dt.30.08.2015, Ex.P17 is police verification not received and tatkal case passport file sent for reverification but particulars confirmed dt.11.09.2015 Ex.P19 is personal particular form of A1 submitted at Consulate General of India, Dubai, Wherein wife of A1: Hafeez Begum is incorporated and the remaining things stood unchanged and fabrication of MO1 and MO2 came into light only when he was arrested in Mumbai in Cr.No.34/2005 of CC No.107/2008 of PS Kalapathar where NBW of A1 was pending and look out circular issued and the particulars i.e., father’s name and address were not tallying with MO1 and MO2 with particulars in Cr.No.34/2005 of PS Kalapthar. This lead to registering this case and collection of entire evidence by way of documents from Regional Passport office and other Departments, which are not tallying with the particulars of MO1 and MO2 except name of A1 and photo. Evidence of PW6 to PW8 also goes to show that A1 was never residing in the address mentioned in MO1 and MO2 at any point of time and the above said facts goes to show that A1
CMM/Hyderabad 32 C.C. 202-2017 cheated the Government of India, Ministry of External Affairs. Hence, charges 1 and 2 against A1
U/sec.420 IPC is proved by the prosecution.
ANSWER TO CHARGE No.3:
Whether the prosecution is able to prove charge U/sec.420 r/w 109 IPC against A2 that she abetted A3,
A7 to A9 for getting MO1 for A1?
On perusal of Evidence on record no evidence is found to show that A2 abetted A3, A7 to A9 in getting MO1 for A1. Hence, charge U/sec.420 r/w 109 IPC against A2 is not proved.
ANSWER TO CHARGE No.4:
Whether prosecution is able to prove charge U/sec.420 r/w 109 IPC that A2 abetted A1 with help of A4 to A6 to get MO2 - reissued Passport No. N1424311 on dt.31.08.2015?
To prove the above said charge, evidence of PW29 Mandal Revenue Inspector and PW34
Investigating Officer is important and on perusal of their evidence no evidence is found to show that
A2 abetted A1 to get reissued passport no.N1424311, dt.31.08.2015 with the help of A4 to A6 in fabricating fake nikhanama. Hence the said charge U/sec.420 r/w 109 IPC against A2 is not proved.
ANSWER TO CHARGE No.5:
Whether prosecution is able to prove charge U/sec.420 r/w 120 IPC to show that A3, A8, A9 conspired with A1 and obtained MO1 while he was in jail?
To prove the said charges against A3, A8 and A9, the evidence of PW29 is important. Wherein,
PW29 stated that A3 was arrested on dt.16.01.2017 by PW30 and as led by A3, they visited the house of A3 in Red hills, Nampally and A3 confessed in the police station which is hit by S-26 of Indian
Evidence Act. Ex.P86 is relevant portion of confession of A3 and in the house of A3, police recovered
MO3 to MO9 i.e., Monitor, CPU, colour printer with scanner, lazer printer, key board, mouse and one cell phone, but the said MO3 to Mo9 were not sent to FSL to show what is stored in CPU to recover incriminating material. Hence, MO3 to MO9 are not useful to the case of prosecution to show that A3 prepared Ex.P9 to Ex.P12. It is alleged by prosecution that A8 verified Ex.P8 to Ex.P11 for getting
MO1. Ex.P8 to Ex.P11 are downloaded copies from the computer by PW3 and bears the seal of A8 as
B.A.Venkateshwara which bears his initial also. But the said initial of A8 on Ex.P8 to Ex.P11 are not clear and not tallying with signature of A8 at Column no.31 in Ex.P89 with initial shown put in Ex.P8
CMM/Hyderabad 33 C.C. 202-2017 to Ex.P11 and prosecution failed to prove the signature of A8 with other official records. PW35 also admitted in his cross-examination that he cannot identify signatures on Ex.P7 to Ex.P14 and it is difficult to prove that A8 verified the Ex.P8 though there are several officials working in different counters. Ex.P92 to Ex.P100 are different passport applications verified by A8 along with Ex.P8 and
Ex.P102 is Sec.65-B certificate under Indian Evidence Act. Ex.P89 is attendance register. Ex.P90 is signature of A8 at column No.31.
The evidence of PW29 states that A9 confessed his guilt as in Ex.P88 and recovered MO10 and
MO11 in the police station and the same is hit by S-26 of Indian Evidence Act as MO10 and MO11 were shown to PW29 by Inspector of Police/PW34 in the police station. Hence recovery of MO10 and
MO11 is not proved. Moreover, in order to attract 120B IPC, there should be meeting of minds between persons to commit an offence and the said chain is missing. Hence, charge U/sec.420 r/w 120
B against A3, A8, A9 is not proved.
ANSWER TO CHARGE No.6:
Whether the prosecution is able to prove charge U/sec.420 r/w 120 IPC that A3 to A6 criminally conspired to help A1 to get MO2 by adding the name of A2 as spouse of A1 in Nikhanama?
In order to prove the said charges, evidence of PW29 is crucial. PW29 deposed that on dt.16.01.2017, he found A5 in Police Station and he along with another mediator went to the house of
A4 at Shadnagar. Wherein, A5 confessed that he will show the house of A4 and recovered one original
Shiyanamas No.48650 in urdu language vide Ex.P84 and Ex.P85 which is xerox copy of Ex.P84.
Evidence of PW18 is also relevant to show that Ex.P37 was issued by Quazi of Quila Mohammed
Nagar,, Gaolconda which is genuine marriage between A1 and A2 and second marriage issued by
Quazi of Narkoda, Shadnagar is fake and Ex.P44 is given by PW18 to PW34 at request.
Evidence of PW20 is that, he performed marriage of A1 and A2 on dt.07.07.1993. PW25 gave information vide Ex.P53 that first marriage of A1 and A2 is genuine and second marriage of A1 and A2 is fake and issued with malafied intention by playing fraud. Hence conspiracy between of A4 and A5 is proved and accordingly name of A2 is incorporated in Ex.P19 at Dubai as wife of A1 and whereas in
Ex.P8, it is kept nil in spouse column by A1. Whereas, there is no evidence on record to show that A3 and A6 also conspired with A4 and A5 to obtain second marriage certificate by incorporating the name
CMM/Hyderabad 34 C.C. 202-2017 of A2 in Ex.P19 application for MO2 at Consulate general of India, Dubai. Counsel for A4 to A6 relied on Judgment of Hon’ble High Court of Andhra Pradesh reported in 2011(4) ALD 163(DB) between
A.P. State Wakf Board vs Hafiz Syed Saleem Basha and another on perusal of that judgment are not applicable to facts of this case. Hence charge against A4 and A5 is proved U/sec.420r/w 120 IPC but not against A3 and A6.
ANSWER TO CHARGE 7 AND 8:
Whether the prosecution is able to prove charges U/sec. 468 IPC against A3 that, he with the help of
A1, A2, A7 to A9 U/Sec. 468 r/w 120-B IPC?
The discussion held in charge five is relevant and there is no evidence to prove that A3 committed an offence U/sec.468 IPC and prosecution failed to prove the ingredients of sec.468 of IPC and Sec.120 IPC and the chain connecting A1, A2, A7 to A9 is missing in the evidence of prosecution witness. Hence, prosecution failed to prove charges U/sec.468 IPC and Sec.468 r/w 120-B IPC against
A1, A2 A7 to A9.
ANSWER TO CHARGE 9:
Whether prosecution is able to prove charge U/sec.471 IPC against A3?
On perusal of evidence on record, prosecution failed to prove charge U/sec.471 IPC against A3 to show that he prepared fake documents for obtaining MO1 by A1 which was used as genuine by A1.
Here the application for MO1 is alleged to be filed by A1 vide Ex.P8 but not A3. Hence charge
U/sec.471 IPC against A3 is not proved.
ANSWER TO CHARGE No.10:
Whether prosecution is able to prove charge U/sec.471 r/w 120 IPC to show that A1, A2, A8 and A9 conspired with A3 by preparing fake documents for obtaining MO1 for A1?
On perusal of evidence on record, the prosecution failed to prove the ingredients of sec.471 r/w 120 IPC to show that A1, A2, A8 and A9 conspired with A3 in preparing fake documents for the purpose of obtaining MO1 to A1 and chain of evidence connecting the role of each accused is missing.
But whereas charge U/sec.471 IPC against A1 is proved as A1 is alleged to have obtained MO1 by submitting Ex.P9 to Ex.P13 to the application vide Ex.P8. Hence charge U/sec. 471 IPC against A1 is proved but charge U/sec.471 r/w 120 IPC against A2, A8 and A9 is not proved.
CMM/Hyderabad 35 C.C. 202-2017
ANSWER TO CHARGE 11 and 12:
Whether prosecution is able to prove charge U/sec.468 r/w 109 IPC and Sec.471 r/w 109 IPC against
A1, A2, A5 and A6 for abetting A4?
To prove the above charges, evidence of PW28 and PW34 are necessary. PW29 stated that on dt.16.01.2017, A5 confessed the commission of offence and showed the house of A4 and in that connection, police recovered Ex.P84 original Shiyanamas of A1 and A2 which is fake and accordingly name of A2 is incorporated in MO2 at Consulate General of India, Dubai. It is clear that A1, A2 and
A5 abetted A4 in creation of Ex.P84 which is fake. Similarly, A1 and A2 used forged Ex.P84 with the help of A4 and A5. Hence, charges U/sec. 468, 471 r/w 109 IPC against A1, A2, A4 and A5 is proved and charges against A6 U/sec. 468 and 471 r/w 109 IPC is not proved.
ANSWER TO CHARGE NO.13:
Whether prosecution is able to prove charges U/sec.468 IPC against A9 that he with the help of A1 to
A3 fabricated an affidavit showing the marital status of A1 as unmarried?
To prove charge U/sec.468 IPC against A9, evidence of PW29 is relevant. PW29 stated that they found A9 in the police station and A9 confessed his guilt and also produced two notary seals
MO10 and MO1 which were seized under same panchnama marked as Ex.P88 but the said Ex.P88 the recovery of MO10 and MO11 are not proved as it is hit by Sec.26 of Indian Evidence Act as confession made before police officers is inadmissible and moreover, MO10 and MO11 are seized in the police station and police also failed to recover the diary maintained by A9 as notary public to show that he has notarized affidavit showing the marital status of A1 as unmarried to get MO1. Hence, prosecution failed to prove charge U/sec.468 IPC against A9.
ANSWER TO CHARGE 14:
Whether prosecution is able to prove charge U/sec.471 IPC against A9 that he with the help of A1 to
A3 fabricated false affidavit showing the marital status of A1 as unmarried?
To prove the said charge, discussion held for charge no.3 above is relevant and sufficient.
Moreover, the ingredients of Sec.471 IPC are not attracted to A9 to show that he used as genuine a forged document. Hence, prosecution failed to prove charge U/sec.471 IPC against A9.
CMM/Hyderabad 36 C.C. 202-2017
ANSWER TO CHARGE 15and 16:
WhetherprosecutionisabletoprovechargeU/sec.12(1)(a)(b)of
Passport Act, 1967 against A1 for having MO1 and in pursuance of MO1 got reissued MO2 by furnishing fake Shiyanama?
To prove that A1 was not holding valid passport MO1 and Mo2 and knowingly furnished false information to passport authorities and obtained Mo1 and MO2. Prosecution Examined PW3 and filed
Ex.P8 to Ex.P14 and supplied attested copies downloaded from the computer system and Ex.P101 is
Sec.65-B certificate under Indian Evidence Act and submitted the said information as per the instructions of her Superior Officers/PW28 and the uploaded documents are destroyed as per evidence of passport authorities.
A1 alleged to have made application vide Ex.P8 for tatkal passport on dt.15.09.2010 and submitted Ex.P9 to Ex.P13. Counsel denied filing of Ex.P8 by A1 but failed to give proper reason that
MO1 was planted by police. But the contention of A1 is not believed as he obtained MO2 on dt.31.08.2015 at Consulate General of India, Dubai, basing on MO1 only concerned officer issued
MO2. Hence, Sec.106 of Indian Evidence Act is invoked and A1 failed to explain as to how MO2 came into his possession without MO1 for which A1 kept silent and A1 was arrested on dt.25.12.2016 by PW33 at Mumbai and informed the same to Hyderabad Police who arrested A1 and brought to
Hyderabad and remanded to Judicial custody by PW1 after registering a case against A1 and other accused involved as MO2 particulars are not tallying with police records such as his address, father’s name are not tallying with Cr.No.34/2005 of P.S. Kalapathar in which NBW was pending against A1 which lead to investigation by PW34 and he filed charge sheet against A1 to A9 by obtaining sanction orders from State Government vide Ex.P119 and other information from relevant authorities and collected supporting documents. A1 counsel submitted that sanction orders U/sec.15 of Passport Act is mandatory to prosecute the accused, for which, PW34 obtained sanction orders U/sec.15 of Passport
Act, 1967 under Ex.P119. Whereas, in the said Ex.P119, it is mentioned that Ministry of External
Affairs gave order dt.01.12.1979 and the order speaks as follows: GSR 662/(E) - In exercise of the powers conferred by Sec.15 of the Passport Act, 1967 and in Superession of the order of Government
CMM/Hyderabad 37 C.C. 202-2017 of India in the Ministry of External Affairs No.G.S.R.53(E) dt.31.01.1976 the Central Government hereby authorise all the State Governments and the administrators of the Union Territories to sanction prosecution in respect of the offences U/sec.12 of the said Act within their respective territorial jurisdiction. Ex.P120 and Ex.P121 are sanction orders given to prosecute A8 by Ministry of External
Affairs. Ex.P133 and Ex.P134 are English translation from Urdu in respect of original and fake marriage of A1 and A2. Apart from that, a detailed discussion is held in charge No.1 and 2 against A1 for possessing Mo1 and MO2. In view of the above discussion, charge U/sec.12(1)(a)(b) of Passport
Act, 1967 against A1 is proved.
IN THE RESULT, A1 is found guilty for the charge one and two U/sec.420 IPC.
A4 and A5 are found guilty for sixth charge U/sec.420 r/w 120 IPC.
A1 is found guilty for tenth charge U/sec.471 IPC.
A1, A2, A4 and A5 are found guilty for eleventh charge U/sec.468 r/w 109 IPC.
A1, A2, A4 and A5 are found guilty for Twelfth charge U/sec.471 r/w 109 IPC.
A1 is found guilty for fifteenth and Sixteenth charge U/sec.12(1)(a)(b) of Indian Passport Act, 1967 and they are convicted U/sec.248(2) Cr.P.C.
A2 is found not guilty for third and fourth charges U/sec.420 r/w. 109 IPC.
A3, A8 and A9 are found not guilty for fifth charge U/sec.420 r/w 120 B IPC.
A3 and A6 are not found guilty for sixth charge U/sec.420 r/w 120 IPC.
A3 is not found guilty for seventh charge U/sec.468IPC.
A1, A2, A8 and A9 are found not guilty for eighth charge U/sec.468 r/w 120 IPC.
A3 is found not guilty for ninth charge U/sec.471IPC.
A1 to A3, A8 and A9 are not found guilty for tenth charge U/sec.471 r/w 120-B IPC.
A6 is found not guilty for eleventh charge U/sec.468 r/w 109 IPC.
A6 is found not guilty for twelfth charge U/sec. 471 r/w109 IPC
CMM/Hyderabad 38 C.C. 202-2017
A9 is found not guilty for thirteenth charge U/sec. 468 IPC.
A9 is found not guilty for fourteenth charge U/sec.471IPC and they are acquitted U/sec.248(1) Cr.P.C.
Typed to dictation, corrected and pronounced by me in the open court on this the 18 th day of February, 2022.
II ADDL. CHIEF METROPOLITAN MAGISTRATE
FAC CHIEF METROPOLITAN MAGISTRATE:
HYDERABAD
Heard Accused No.1 on the quantum of sentence to be imposed on him for which Accused No.1 submitted that since more than (4) years he is in jail and his family members are suffering mentally.
Apart from that, he has to look after his sister who is bedridden and needs his personal attention to his bedridden sister and sought the court to set off the sentence by taking lenient view.
Accused No.2 submitted that she has to look after her six children including her sister-in-law who is bedridden and also she is suffering mentally as her husband-A1 is in jail and suffering with health problems and sought the Court to take lenient view.
Accused No.4 submitted that he is 72 years old and suffering with various health issues and also should look after his family members and if he is sent to jail, his family will suffer.
Accused No.5 submitted that he is 55 years old and having three children and there is no work to do and if he is sent to jail who is the sole bread winner to his family will suffer and sought to take lenient view.
Taking into consideration the facts and circumstances of the case, A1 has already undergone imprisonment for more than 4 years and in interest of justice 5 years of imprisonment is sufficient to meet the ends of justice.
Similarly, taking into consideration the facts and circumstances of the case, A2, A4 and A5 are sentenced for one year which shall meet the ends of justice.
CMM/Hyderabad 39 C.C. 202-2017
In view of the submissions made by the convicted offenders, A1 is sentenced to undergo Simple
Imprisonment for 5 years for the offence U/sec.420 IPC and also to pay a fine of Rs.10,000/- and in default of payment of fine, he shall undergo SI for 3 months.
A4 and A5 are sentenced to undergo SI for one year for the offence U/sec.420 r/w 120 IPC and also to pay fine of Rs.1,000/- each and in default of payment of fine, they shall undergo SI for one month.
A1 is sentenced to undergo SI for one year for the offence punishable U/sec.471 IPC.
A2, A4 and A5 are sentenced to undergo SI for one year for the offence punishable U/sec.468 r/w 109
IPC and also to pay fine of Rs.1,000/- each and in default of payment of fine, they shall undergo SI for one month.
A1, A2, A4 and A5 are sentenced to undergo SI for one year for the offence punishable U/sec. 471 r/w 109 IPC.
A1 is sentenced to under SI for two years for the offence U/sec. 12(1)(a)(b) of Passport Act, 1967 and also to pay a fine of Rs.1,000/- and in default of payment of fine, he shall undergo SI for 1 month.
All the sentences imposed on the offenders shall run concurrently.
A1, A2, A4 and A5 are informed of their right to prefer an appeal against the Judgment of this Court and also right to free Legal Aid if they do not have sufficient means to engage counsel and they are also furnished judgment copies free of cost.
The remand period of A1 from (28.12.2016 to 28.12.2017)(07.08.2018 to 08.08.2018)(01.11.2018 to 05.02.2021)(19.02.2021 to 18.02.2021) and the total period comes to 4 years, 3 months and 5 days shall be set off U/sec.428 Cr.P.C. A1 was on interim bail for a period of 14 days i.e., from 05.02.2021 to 18.02.2021 vide Orders passed by the Hon’ble High Court in IA No.01/2021 in
Crl.M.P.No.444/2021, dt.04.02.2021 and he shall suffer (14) days also as Simple Imprisonment.
Remand period of A2 shall be set off from 07.08.2018 to 09.08.2018.
Remand period of A4 and A5 shall be set off U/sec.428 Cr.P.C. from 17.01.2017 to 27.01.2017.
The bail bonds of A3, A6, A8 and A9 shall be in force for a period of 6 months.
CMM/Hyderabad 40 C.C. 202-2017
MO1 to MO11 vide PI No.103/2017 shall be disposed as follows:
MO1 and MO2 shall be sent to Regional Passport Office, Hyderabad.
MO3 to MO9 shall be returned to A3.
MO10 and MO11 shall be destroyed after appeal time is over.
II ADDL. CHIEF METROPOLITAN MAGISTRATE
FAC CHIEF METROPOLITAN MAGISTRATE:
HYDERABAD
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION FOR DEFENCE
PW1: Rudra Bhaskar/Complainant NIL
PW2: G. Sravan Kumar/Circumstantial witness
PW3: A.S. Niveditha/Cirdcumstantial witness
PW4: Thota Pandu/Circumstantial witness
PW5: Mohd Zuberuddin/Police Constable
PW6: Mohd Abdul Azeem/Circumstantial witness
PW7: Mohd Kaleel/Circumstantial witness
PW8: Mohd Osman/Circumstantial witness
PW9: K. Venugopal/Circumstantial witness
PW10: Shaik Naseeruddin/Circumstantial witness
PW11: K. Prabhakar/Circumstantial witness
PW12: V. Pandu/Circumstantial witness
PW13: G. Kulkarni/Circumstantial witness
PW14: P. Manthappa/Circumstantial witness
PW15: C. Ramesh/Circumstantial witness
PW16: Mohd Yaseen Khan Parvez/Circumstantial witness
PW17: Lakshmi Narayana Mahadevan/Circumstantial witness
PW18: Mohd Asadullah/Circumstantial witness
PW19: Shoban Babu/Circumstantial witness
PW20: Mirza Sulthana Baig/Nayab Qazi
PW21: Ch Venkateshwarlu/supplied xerox copies
PW22: Mohd Nizamuddin Hussain/Sadar Qazi
PW23: G. Madhu Babu/Jailor in Visakhapatnam
PW24: P. Ayyappa/Tahsildar Golconda
CMM/Hyderabad 41 C.C. 202-2017
PW25: MA Mannan Farooqui/CEO of Telangana State Wakft Board
PW26: Ch Dasaratham/Dy Superintendent (Central Prison , Cherlapally)
PW27: Md Hussain/panch witness
PW28: Ravi Kosuri/Dy Passport Officer
PW29: K. Madhava Rao/panch witness
PW30: V. Shivashanker/SI of Police who apprehended the accused
PW31: K. Srinivasulu/ SI of Police who apprehended the accused
PW32: SP Mishra/Immigration Officer
PW33: V. Vijaya Lakshmi/Cash Section as DDO in Regional Passport Office
PW34: S. Sudharshan/Investigation Officer
PW35: G. Niranjan Rao, Joint Secretary in the Ministry of External Affairs, Delhi.
EXHIBITS MARKED
FOR PROSECUTION FOR DEFENCE
Ex P1: is True Copy of Fax message of Look Out Circular NIL issued by Immigration Authorities.
Ex P2: is true copy of handing over letter of Immigration Authorities containing his endorsement.
Ex P3: is letter addressed to Joint CP, Hyderabad with regard to apprehension of A1 by Immigration Authorities.
Ex P4: is his complaint dt 26-12-2016
Ex P5: is attested copy of letter
Ex P6 : is attested copy of NBW in CC 107/2008
Ex P7: is printout view draft of passport details file no. HYDA05353710.
Ex P8 : is attested xerox copy of application submitted by Ayub Khan (Four pages) .
Ex P9 : is attested xerox copy of house hold card.
Ex P10: is xerox attested copy of voter ID card of Ayub Khan.
Ex P11: is xerox attested copy of Driving License of Ayub Khan .
Ex P12 is xerox attested copy of affidavit of Ayub Khan with regard to date of birth (two pages) .
Ex P13: is xerox attested copy of Ayub Khan in Anexure-I (two pages).
Ex P14: is xerox attested copy of police filed verification report along with personal particulars form (two pages).
CMM/Hyderabad 42 C.C. 202-2017
Ex P15: is printout view draft of passport details file no. UAED 18276815.
Ex P16: is attested xerox copy of letter received by passport office, Hyderabad from Consulate General of Dubai for confirmation of passport particulars of Ayub Khan.
Ex P17: is xerox attested copy of reply.
Ex P18: is attested copy of police verification report along with covering letter (two pages).
Ex P19: is attested xerox copy of personal particulars form of Ayub Khan (two pages).
Ex P20: is xerox attested copy of report sent by Regional Passport Office, Hyderabad.
Ex P21: is printout view draft of passport details file no. HYDA06301797 of Navid Ahmed.
Ex P22: is attested xerox copy of application submitted by Navid Ahmed (Five pages).
Ex P23: is xerox attested copy of residence certificate of Navid Ahmed.
Ex. P24 is xerox attested copy of affidavit of Navid Ahmed with regard to date of birth
Ex.P25: is attested copy of agreement of sale dt 04-04-2007
Ex P26; is letter dated 04-01-2017 issued by PW9
Ex P27: is the letter dt 03-01-2017.
Ex P28: is Email copy sent by NIC dt 03-01-2017
Ex P29: is the details given by NIC with regard to house hold card for door no. 9-8-298, Bada Bazar,
Ex P30: is letter dt 17-01-2017 by enclosing xerox copies of form-II related to FP shop dealers for FP shop no. 516, 517, 518, 519, 522, 588 and 595.
Ex.P31: is the letter dt 01-02-2017
Ex.P32: is the name of card holder mentioned as Khan Ayub Khan
Ex.P33: is the letter dt 03-01-2017 issued by Inspector of Police, Kamatipura
Ex.P34: is letter of PW15 dt 01-01-2017 issued by Inspector of Police, Kamatipura
Ex.P35: is letter issued by office of PW15
Ex.P36: is requisition from Inspector of Police, Kamatipura
CMM/Hyderabad 43 C.C. 202-2017
Ex.P37: is original Nikha Nama standing in the name of Ayub Khan with Hafiza Begum (Urdu Version)
Ex.P38: is affidavit of Ayub Khan who declared his date of birth and mother's name and
Ex.P39: is Xerox copy of SSC Certificate of Hafiza Begum.
Ex.P40: is marriage certificate in English Version which was issued basing on Ex.P37.
Ex.P41: is certified copy of Ex.P37.
Ex.P42: is translated English copy of Ex.P37
Ex.P43: is letter dt 04-01-2017 along with attested copies documents (7sheets apart from letter) Ex.P44: is letter dt 20-01-2017 addressed to Inspector of Police
Ex.P45: is letter of PW19 edt 04-01-2017 along with Nominal rolls (3 sheets) Ex.P46: is xerox copy of Nikhanama
Ex.P47: is (9 sheets) account opening form along with Mahaboob Begum
Ex. P48: is requisition dt 01-09-2017
Ex.P49: is letter issued by PW23 in reply to Ex.P48
Ex.P50: is requisition received by PW24
Ex.P51: is reply
Ex.P52: is xerox copy of inward register
Ex.P53: is letter of PW25 along with marriage extract register and marriage certificate (5 pages)
Ex.P54: is certificate issued by PW25
Ex.P55: is seizure report dt. 26-12-2016
Ex.P56: is covering letter dt 09-03-2017
Ex.P57: is questionnaire and replied
Ex.P58: is letter dt 16-03-2017 along with passport manual pg no. 79
Ex.P59: is covering letter along with downloaded scanned documents of Ayub Khan Passport bearing no. 1424311
Ex.P60: is passport application view draft of Hafiza Begum (two pages).
Ex.P61: is index sheet of Hafiza begum in her passport no. H9815707.
CMM/Hyderabad 44 C.C. 202-2017
Ex.P62: is Fee receipt of Hafiza Begum in respect of her passport no. H9815707.
Ex.P63: is application of Hafiza Begum in respect of her passport no. H9815707.
Ex.P64; is Election ID Card. Ex.P65: is Bank passbook
Ex.P65: is Bank passbook of Hafiza Begum along with bank statement (11 pages).
Ex.P66: is Indian gas consumer card in the name of Hafiza Begum.
Ex.P67: is marriage certificate of Ayub khan and Hafiza Begum
Ex.P68 is covering letter dated 23-08-2017.
Ex.P69: is extract of Tatkal procedure rules
Ex.P70 : is scanned document containing the verified seal of B A Venkateshwara.
Ex.P71 is covering letter
Ex.P72: is certificate Under Section 65(B) of Evidence Act
Ex.P73: is red marked portion of confession of A1 in panchanama dt 11-01-2017
Ex.P74; is the seizure report prepared in the house of A1.
Ex.P75 is Aadhar card of Afiza Begum
Ex.P76 is election ID card of Afiza Begum
Ex.P77 is xerox copy of Election ID card of Ayub Khan.
Ex.P78 is xerox copy of driving license of Ayub Khan
Ex.P79 is xerox copy of marriage certificate of Ayub Khan.
Ex.P80 is xerox copy of Voter ID card of Ayub Khan.
Ex.P81 xerox copy of ration card of Fathima Sulthana.
Ex.P82: is relevant portion of confession of A5
Ex.P83: is confession statement of A4
Ex.P84: is original Shiyanama.
Ex.P85 is xerox copy of Shiyanama
Ex.P86: is relevant portion in confession of A3.
Ex.P87: is seizure report prepared in the house of A3
Ex.P88: is relevant portion in confession of A9
Ex.P89: is attendance register
Ex.P90: is the relevant entry in SI.No. 31 pertains to A8
Ex.P91: is daily cash report for the day falling on 15-06-2010 of B. A. Venkateshwara.
Ex.P92: is downloaded computer printouts of passport applications pertaining to Koduru Sridhar Vishwa.
CMM/Hyderabad 45 C.C. 202-2017
Ex.P93: is downloaded computer printouts of cash receipts of K Sridhar Vishawa.
Ex.P94: is daily cash report for the day falling on 17-06-2010 of B A Venkateshwara.
Ex.P95: is downloaded computer printouts of DD draft copy of A Venkataramareddy.
Ex.P96: is downloaded computer printouts of passport applications pertaining to A Venkataramareddy.
Ex.P97: is downloaded computer printouts of Demand Draft receipts of Venkataramareddy.
Ex.P98: is downloaded computer printouts of passport applications pertaining to Sajja Hemasree.
Ex.P99: is downloaded computer printouts of Demand Draft receipts of Sajja Hemasree.
Ex.P100: is daily cash report for the day falling on 15-09-2010 of B A Venkateshwara.
Ex.P101: is certificate Under Section 65(B) of
Indian Evidence Act
Ex.P102: is certificate Under Section 65(B) of
Indian Evidence Act issued by PW33
Ex.P103: is FIR
Ex.P104: is certificate U/Sec. 65 (B) of Indian Evidence Act
Ex.P105: is letter to Thahasildar, Bahadurpura
Ex.P106: is letter to Thahasildar, Bahadurpura
Ex.P107: addressed a letter to ERO.64 to supply copies of documents voter ID bearing no. LRY3715227
dt 08-07-2013
Ex.P108 to P110: addressed letter to PW1o for the details related to ration card bearing no. P80167530110771
Ex.P111: addressed a letter by to PW11 asking him to supply the details of ration card no. WAT1677744A0135 of A1
Ex.P112: addressed a letter to PW14/RTA, Attapur
Ex.P113:addressed a letter to PW15/RTO, West Zone, Hyderabad
Ex.P114: addressed a letter to the office of Pension Officer DPDO,
Masab Tank, Hyderabad dt 02-01-2018
Ex.P115: addressed a letter to Superintendent of Central Prison,
Cherlapally dt 03-01-2017
Ex.P116: addressed a letter to Cherlapally Prison dt 02-02-2017
CMM/Hyderabad 46 C.C. 202-2017
Ex.P117:is memorandum of confirmation and arrival/departure in respect of A1 (contains 3 pages)
Ex.P118: addressed a letter to RPO, Secunderabad
Ex.P119:sanction orders from State Government to prosecute A1 to A9 under the provisions of Passport Act vide GO.RC.No.; 242.
dt 15-04-2017
Ex.P120: is The State Government of State of Telangana number V/Vig.II/843/02/2017
dated 06-11-2017
Ex.P121: is covering letter of Ministry of External affairs
Ex.P122:is covering letter of Telangana State Government
Ex.P123: is covering letter of Commissioner of Police
Ex.P124:is letter addressed to the Immigration Officer,
CSI Airport, Mumbai
Ex.P125: attested copies of Ex P1 to P3
Ex.P126: addressed a letter to Electroller Officer,
Telangana State dt 26-09-2017
Ex.P127: received letter by PW34 on 20-10-2017 vide letter number 5025/elecs-E/A3/2017
dated 06-10-2017
Ex.P128: addressed a letter to Addl. Commissioner, GHMC dt 06-10-2017
Ex.P129: received a letter vide 1766/Elections/GHMC/20417/516,
dated 07-10-2017
Ex.P130: addressed a letter to State Transport Commissioner, Kairtabad and received a letter vide 4584/TS/IT/2017 dated 06-10-2017
Ex.P131: is certified memo to change Ayub Khan from Chenchalguda Jail to Cherlapally Jail
Ex.P132: attested copy of judgment dt 04-05-2010 in SC 222/2003
Ex.P133: filed English translated copies of Ex. P37, Ex.P84
Ex.P134: is English version of Ex.P84
Ex.P135: Section adding memo and adding of accused no. 2 to 6
Ex.P136: Memo adding A7 to A9 basing on confession of A3.
MATERIAL OBJECTS MARKED
FOR PROSECUTION FOR DEFENCE
MO1: is passport bearing no. J 1225657 standing in the name of A1 NIL
MO2: is another passport bearing no. N1424311 standing in the name of A1
MO3: is monitor
CMM/Hyderabad 47 C.C. 202-2017
MO4: is CPU
MO5: is colour printer with scanner
MO6: is Lazer printer
MO7: is keyboard
MO8: is mouse
MO9: is cell phone
MO10 and MO11: are (two Rubber stamps)
II ADDL. CHIEF METROPOLITAN MAGISTRATE
FAC CHIEF METROPOLITAN MAGISTRATE:
HYDERABAD