Darshan Singh Ram Kishan vs. State Of Maharashtra on 2 September, 1971

    On October 31, 1963, one Jivansingh Uttam Singh obtained a British passport. On the strength of that passport he was returning to India with his family. On his way he died on board the ship. Passport came into the hands of the appellant. Bakshi Singh desired to go to the United Kingdom, but had no passport. The appellant agreed to arrange his journey and also for that purpose to obtain a passport for him.

    The appellant prepared an application for a visa in the name of Bakshi Singh. It was further alleged that with a view to procure the said visa the photograph of the said deceased Jivansingh was removed from the said passport and that of Bakshi Singh substituted. The visa having in this fashion been obtained, Bakshi Singh journeyed to the United Kingdom having on his way made some intermediate halts. The British authorities suspected that the, passport was a forged document and repatriated Bakshi Singh to India. On his arrival he was handed over to the Special Police, Bombay.

    The Special Police carried out investigation. On completion of the investigation, the police filed a charge-sheet before the learned Magistrate. That charge- sheet is not before us. But counsel for the appellant informed us that Bakshi Singh was therein charged under sec. 419 and 471 read with sec. 468, and the appellant was charged under sec. 419, 109, 468 and 471 of the Penal Code.

    The Court held that none of the witnesses had alleged therein either directly or indirectly of the appellant having entered into a criminal conspiracy with Bakshi Singh for forging the passport. It- cannot be disputed that the charge-sheet also prima facie disclosed the offence of abetment. The Magistrate took cognizance of the offence under sec. 120B, and therefore, consent under sec. 196A (2) was required as a condition precedent or that the committal order. The appeal, therefore, fails and is dismissed.