1 WP : 3501/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3501 OF 2010 Manfred M. Fernandes .... Petitioner (Original accused no.1) Vs. State of Maharashtra .... Respondent (complainant) Mr. Kaif Noorani, Advocate for applicant. Mr. P.S. Hingorani, APP for State Coram : Smt. R.P.SondurBaldota, J. Date : 9th February, 2011 P.C. 1. This petition filed under Article 227 of Constitution of India and Section 482 Code of Criminal Procedure seeks quashing of C.C.No. 1530/PW/2010 pending in the Court of Metropolitan Magistrate, 22nd Court, Andheri, Mumbai under Sections 465, 468, 471, 420 read with Section 34 Indian Penal Code. 2. Perusal of the copy of the charge-sheet annexed to the petition shows that on 25th May 2010 at about 2.30 hours, staff of British Airways Flight No.B.A.-139-London brought the petitioner to the complainant- authority along with petitioner’s passport, his other travel documents and a deportee note. The deportee note stated that the petitioner had fraudulently obtained crew letter of Vigro Associates Company which is Black Listed by conspiring with one Mathew from Goa. On the basis 2 WP : 3501/2010 of the false document, he secured visa and travelled by British Airways flight from Mumbai to U.S.A. He illegally tried to enter the territory of U.S.A. The immigration authority of U.S.A. found him inadmissible to U.S.A. under Section 212(a) (7) (B)(i) (II) of Immigration and Naturalisation Service Act as amended. He was then given an option of withdrawing his application for admission to U.S.A. in lieu of being issued a formal order of expedited removal. The petitioner agreed to withdraw his application and came to be deported. 3. It is contended that since the petitioner is not subjected to a Formal Order of Expedited Removal by the Department of Justice under the Immigration and Naturalisation Service Act, he cannot be said to a deportee and his implication in C.R. No.343 of 2010 is false. 4. The charge-sheet shows that the petitioner is not a novice to working on a ship. He had earlier worked on ship as Restaurant Steward and had visited America and London twice while working on the ship. As such he obviously was aware of the nature of the documents required. The crew letter on the basis of which he obtained visa and entry in U.SA. were found to be a false document. Therefore, it cannot be said that there is no material disclosing the offence alleged against the petitioner. Hence, the petition is dismissed. (Smt. R.P.SondurBaldota, J)