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Hema Vs. State, through Inspector of Police, Madras [07/01/13]

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[Criminal Appeal No. 31 of 2013 arising out of S.L.P. (CRL.) No. 9190 of 2011]. This appeal is directed against the final judgment and common order dated 29.04.2011 passed by the Madurai Bench of the Madras High Court in Criminal Appeal (MD) No. 37 of 2004 whereby the High Court dismissed the appeal filed by the appellant herein (A-5 therein) while confirming the judgment dated 28.07.2004, passed by the Court of Principal Special Judge for CBI Cases, Madurai. Brief facts: According to the prosecution, during the year 1992, the appellant herein (A-5), along with other accused persons (A-1 to A-4 therein)had entered into a criminal conspiracy to cheat the Regional Passport Office, Trichy in order to obtain passports on the basis of creating ante-dated passport applications with duplicate file numbers, so as to make them appear as old cases, accompanied by forged enclosures such as police verification certificates etc. In pursuance of the said conspiracy, A-2 being the Lower Division Clerk in the Regional Passport Office, Trichy fraudulently received and processed 42 forged passport applications filed by one Goodluck Travels, Trichy run by A-3 with the assistance of A-4 and A-5 (the appellant herein) and made false endorsement of reference numbers, fee certifications etc. and A-1, being the Superintendent of the Regional Passport Office, Trichy, by abusing his official position, granted orders for the issue of passports in respect of the said 42 applications.

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