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Synopsis

The Bombay High Court has quashed the charges framed against two individuals who were booked for traveling with a fake BMC ID card during COVID-19.

A single judge bench of the high court, comprising Justice PK Chavan, was hearing an application filed by Chitan Sanghvi and Deepali Gaikwad. 

They were booked under Sections 420 (cheating), 465 (forgery), 468 (forgery for the purpose of cheating), and 471 (fraudulently or dishonestly using a forged document) of the Indian Penal Code.

Deepali was detained by a Railway Inspector in the train for using a fake BMC ID, which was linked to her partner, Chitam Sanghvi, with whom she was working.

Both of them approached the high court to quash the charges framed against them.

The high court, in its order, observed that it was apparent from the record that the Magistrate did not give the applicants an opportunity to be heard. Therefore, the framing of the charge without compliance with the aforesaid provisions would not sustain.

Furthermore, it was recorded that the Public Prosecutor could not explain to the court why there was not only non-compliance with Section 238 of the Cr.P.C. but also a lack of any material to frame a charge against the applicants.

The high court, in its order, observed that prima facie the charge appears to be defective as there is no question of cheating the Government or the Railway Department by the applicants. There is nothing on record to indicate that they had a fraudulent or dishonest intention of deceiving the Railway Department..