The judgment establishes that mere alteration of a passport without fraudulent intent does not constitute forgery under IPC sections relevant to cheating and document alteration.

JUDGMENT :

AMIT SHARMA, J.

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973, [For short, ‘CrPC’], read with Articles 226 and 227 of the Constitution of India has been filed seeking following prayers: -

“(a) Quash the Order dt. 20.10.2022 passed by the Ld. ASJ-06, Patiala House Courts, New Delhi in Cr. Revision 327 of 2020 dismissing the Revision Petition filed by the Petitioner; and thus discharge the Petitioner from the proceedings in Cr. Case No. 45646 of 2016, emanating out of FIR No. 141/2009 registered at P.S. IGI Airport; and (b) Pass any other or further order(s)/direction(s) which this Hon’ble Court may deem fit in the larger interest of justice.”

BACKGROUND

2. The case of the prosecution against the present petitioner, as per the status report dated 19.09.2023 authored by Insp. Yashpal Singh, SHO/PS IGI Airport, is as under: -

“…….

2. Succinctly stated the case of the present matter is that on 02.04.2009, a complaint was received at PS IGI Airport from the complainant Sh. Rajan Bhaskaran who was posted as Counter Officer at Counter no.8 with Stamp No. C-62 of the right wing of the immigration. As per the complaint, while he was performing his duty as Counter Officer, one Srilankan passenger namely Deneth Piumakshi holding Srilankan passport number M-206353 1 issued at Colombo on 22.08.2001 approached for immigration clearance who was intending to go to London by flight number Al 111. However, on scrutiny of her passport, it was found that photocopy of Indian Visa serial number N 306861 of page number 9 was pasted on page number 35. Consequently, the matter was reported for registration of the case and after completion of necessary formalities, seizure of passport, boarding pass, ticket and departure card, charge sheet was filed under section 420/468/471 IPC against the accused person.

3. That during the course of investigation, the original Passport of accused was sent to FSL, Rohini for examination. As per the examination report of Departure sticker pasted on Page No. 33, it is observed that there are marks of overwritings on the short signature(initial) and figures of dates at both the places, it is again observed that existing figures of date in upper row at place of month are not the original figures. On decipherment the original figures of month could be read as ‘12’ in place of ‘11’. Similar overwritings were found at Page No. 34 on figures of date and signature while on Page No. 35, it was observed that it was not the original Visa sticker but an imitated coloured copy of Page No. 09. It can be inferred from the report of Forensic Science Laboratory that tampering with number and interpolations have been carried out in the passport while completing the necessary formalities with the immigration.

4. Further, it is observed that on the given date when the accused approached the counter officer for immigration clearance, she intended to use her tampered passport for obtaining immigration clearance to board the flight to London. Further, by suppressing the material information which was there on page number 35 of her passport, she had indulged in deception of the immigration authorities with the intention to obtain the immigration clearance, thereby prima facie committed offence under section 417 IPC and 471 IPC.

5. Since passport is a valuable security and prima facie interpolations were noticeable in the passport, section 417 IPC is to be read in tandem with section 471 IPC.

6. Furthermore, it is clear from the FSL report that there are various interpolations on the passport of the accused. This includes pasting of Indian Visa on the wrong page. It is the case of the accused herself that she was holding a valid Indian Visa. She gave her passport to one Sh. Subedi for extension of Nepali Visa. In all probabilities,