Judgment

SHELAT, J. : - The appellant and one Bakshi Singh Sunder Singh were accused No. 2 and accused No. 1 retrospectively in the committal proceedings before the Presidency Magistrate, 28th Court, Greater Bombay. This appeal, by special leave, is directed against the judgment of the High Court of Bombay refusing to quash the order of committal passed by the learned magistrate.

2. The facts relevant to this appeal are few and may first be stated.

3. On October 31, 1963, one Jivansingh Uttamsingh obtained a British passport fearing No. 183459 at Nairobi. On the strength of that passport he was returning to India with his family. On his way he died on board the ship. According to the prosecution that 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.

4. The allegation was that 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 Sing