Bombay HC quashes charges against woman caught using fake BMC ID card during Covid lockdown | Bombay News

MUMBAI: The Bombay High Court on Monday quashed criminal proceedings against Deepali Gaikwad, who was found traveling with a fake Brihanmumbai Municipal Corporation (BMC) photo identity card during the Covid-19 pandemic.

Gaikwad and Chintan Sanghavi were booked for alleged offences under sections 420 (cheating), 465 (forgery), 468 (forgery with intent to cheat) and 471 (fraudulent or dishonest use of forged document), read with section 34 (common intention) of the Indian Penal Code. The charges stemmed from their possession and use of fake photo IDs to travel during a pandemic lockdown. The IDs were issued only to those working in essential sectors.

Gaikwad, an accountant with a private firm, was caught carrying a fake BMC ID card while travelling by train. A train ticket inspector, who stopped her at Mahalaxmi railway station during a routine check, suspected the authenticity of her ID card. She was later taken to the Central Railway Station in Mumbai.

Police investigation revealed that Gaikwad’s photo identity card was linked to Sanghavi, a partner in the firm she worked for. Sanghavi had obtained the card through a middleman, Subramanium Mahadevan, who had obtained it from Anees Abdul Sattar Rathod. Rathod posed as a BMC officer and provided fake identity cards to ₹700 each.

However, the High Court ruled that there was nothing on record to indicate that Gaikwad and Sanghavi had any fraudulent or dishonest intention to cheat the railway department. Justice Prithviraj Chavan, who presided over the case, also pointed out procedural lapses in the trial court’s handling of the charges.

“The applicants were not given the opportunity to view the indictment or request their release before the charges were hastily framed,” Justice Chavan noted. He also stressed that there was no forensic evidence confirming the ID was fake.

Citing a Supreme Court precedent, Justice Chavan stressed the importance of framing charges correctly to ensure that the accused understand the allegations levelled against them. “Errors in this regard would result in a failure of justice,” he said.

The court also noted non-compliance with several provisions of the Code of Criminal Procedure. “The magistrate did not give opportunity to the petitioners to be heard and, therefore, framing of charge without compliance with the aforesaid provisions would not be viable,” Justice Chavan said.

While the court quashed the charges against Gaikwad and Sanghavi, the trial of the third accused, Rathod, who has committed multiple offences in the past, will continue.