Forgery - ipc 420 & 468
Querist :
Anonymous
(Querist) 03 October 2011
This query is : Resolved
i am charged under sec 420 & 468 for an offense, i had applied for a passport in 2009 & had submitted a forged date of birth.
police has started their investigations just now.
Passport is not issued & this has not cuased any finacial loss to any one nor i have taken any benefit out of it.
I had no wrong intention as this was done to secure an overseas job.
Can i plea bargain in this case or should i contest?
Most of the documents are against me like the passport application, the verification form,the documents submitted along with the passport application has my signatures.
now, if i plea bargain, will my case be considered for probation offenders act & can i get released under probation offneders act as this is the only offense againt me.
Thanks in advance to the experts
ajay sethi
(Expert) 03 October 2011
yes you can make application for plea bairganing .
in case of vijay moses das v/s CBI(criminal misc application 1037 of 2006) uttrakhand high court has allowed plea bairganing when accused was charged for offence under section 420 , 468 , 471 of IPC
R.Ramachandran
(Expert) 03 October 2011
A very good guidance from Mr. Sethi.
Querist :
Anonymous
(Querist) 03 October 2011
Thank you very much for the suggestion Sethi Saab.
Now, can you please give your comment for the below query.
Respected Sir
I am charged under 420 & 468 related to a passport offense, i was offered a job out of India & in regard to the same, i was asked to get a passport done by the agent & the agent messed up the whole thing by forging my documents,
in this regard, i have taken anticipatory bail from high court, now, when i recollect the agent has submitted a degree certificate (FAKE) & it has not yet reached the police officers, now my query is, if police gets the same during their investigation, are they going to file a fresh case & arrest or the present anticipatory bail holds good.
i am in deep trouble &as i am tensed every minute as i have a family with two minor kids.
i am very much scared of their future as i am the only earning member in the family & if some thing happens to me, all of them would suffer because of my mistake.
Thank you in advance for answering this question.
ajay sethi
(Expert) 03 October 2011
it appears that besides giving false date of birth you have done many other illegal activites.
the agent would have given fake ceriticate under your directions only . the certificate must be in your name . you must have paid him money .
they will file fresh case against you
Querist :
Anonymous
(Querist) 03 October 2011
no sir, no other illegal activities, the agent offered me an overseas job & he fabricated few documents.
as i wanted a job overseas, i co-operated.
now, what should i do? please guide.
ajay sethi
(Expert) 03 October 2011
when your statement is being recorded you mention that agent demanded _______amount as charges for getting a overseas job . that you had infomed him that you are only _____pass and that you are not a graduate. you were not aware that he has fabricated degree certificate etc
that besides you agent has duped many other persons etc
Querist :
Anonymous
(Querist) 03 October 2011
Thanks sir
i had no clue at all, that this issue will blow out of proportion & would cause such kind of huge trouble to me & my family.
or else i would not have touched this issue.
in my 40 years of span of life i have not even broken a simple traffic rule.
i had no inclination to cheat any body but a job in overseas lured me as it could have given a good prospect to me & my family.
i am repenting the same & if you look at it i am ready to plea bargain.
now, my question is police have already recorded my statemnet & they have forcefully taken a statement saying i have done this forgery.
as of now what they have is the forged SSLC marks card & the school report.
will they procure the entire application & other papers during the investigation or will they continue their investigation pertaining to what has been requested by RPO.
thanks in advance
troubled victim of passport scam
ajay sethi
(Expert) 03 October 2011
they will do complete investigations
Querist :
Anonymous
(Querist) 03 October 2011
i got your point sir, if they do complete investigation, its ok & if they mention the same in the charge sheet & present it for trial is also ok, i am only worried are they going to pick me for this offense.
isnt the anticipatory bail obtained from high court for this case is't enough as all the related frauds is for the same transaction.
i seek your kind advice & request to analyse the points & please post your most valuable comments. it will save a persons life from destruction.
Regards
Querist :
Anonymous
(Querist) 04 October 2011
In case if any similar types of cases are there across India, kindly send in your comments & experience.
If any other people who are troubled like me, please send in your views or lets share our problems
