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2021 DIGILAW 722 (RAJ)

Saraj Mohd Niyamat Ali v. State Of Rajasthan

2021-03-26

SANDEEP MEHTA

body2021
JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the parties. Perused the material available on record. 2. The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner Saraj Mohd. @ Niyamat Ali for assailing the order dated 16.05.2019 passed by learned Judicial Magistrate, Ladnu, District Nagaur in Criminal Original Case No.531/2018 in connection with FIR No.235/2016 registered at Police Station Ladnu, District Nagaur, whereby, the application filed by the petitioner for returning of original passport, Aadhar Card and Voter ID Card has been rejected. 3. Learned counsel Shri Rathore submits that the petitioner has a flourishing business in Dubai and that if passport and identity documents of the petitioner are not returned to him during pendency of trial, his entire business setup will be destroyed. He thus urges that the impugned order deserves to be quashed and documents in question be returned to the petitioner so that he can go to Dubai for operating his business. 4. Per contra, learned Public Prosecutor points out that the petitioner has forged the passport in question by impersonating himself in place of another man and the criminal case has been registered against the petitioner for very offence of impersonation and preparing a fabricated passport by using forged documents. He thus urges that in case, the documents and the passport are returned to the petitioner, he would flee and will never be apprehended so as to face trial. He thus seeks dismissal of the misc. petition. 5. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record. 6. The trial court has framed charges against the petitioner for fabricating his passport by fraudulent means. The petition filed by the petitioner for quashing of the charges has been dismissed by this Court upon being not pressed by his counsel today itself. 7. Manifestly, the original passport, Aadhar card and the Voter ID card, which were fabricated by the petitioner by impersonation, are case property and cannot be returned to the accused. Otherwise also, as there is a clear allegation of prosecution that the passport itself is fabricated, by no stretch of imagination, the petitioner can lay a claim thereupon or travel abroad on the basis thereof. The judgment cited by Shri Rathore being Ravindra Nath Bhargav Vs. Otherwise also, as there is a clear allegation of prosecution that the passport itself is fabricated, by no stretch of imagination, the petitioner can lay a claim thereupon or travel abroad on the basis thereof. The judgment cited by Shri Rathore being Ravindra Nath Bhargav Vs. State of U.P. (Application No.33332/2017) decided by Hon'ble the Allahabad High Court vide order dated 09.01.2019, is totally distinguishable and does not come to aid of the petitioner in any manner. 8. As a consequence, I find no merit in this misc. petition which is dismissed as such. The stay application is also dismissed.