Delhi District Court Cbi vs Asgar Abbas Rizvi, Etc on 17 July, 2007 IN THE COURT OF DR. SHAHABUDDIN : METROPOLITAN MAGISTRATE : KARKARDOOMA COURTS, DELHI CBI V/s Asgar Abbas Rizvi, etc RC2(S)/90/SCB U/s 420/468/471 IPC a) Sl. No. of the case : 11/C b) Date of institution of the : 30/09/1992 case c) Date of the commission : In the year 1990. of offence d) Name of the : Sh. G.R. Bhattacharjee, complainant Registrar, Kolkata High Court e) (1) Name of the accused, : (1) S. Fatehab Ali their parentage and Meerza S/o Lt Wasir Ali residence Meerza (2) Basudeo Narayan Singh S/o Lt Sh Jagat Naryan Singh, (3) Prince Anjum Qudar S/o Lt. Sh. Mehar Quadar and (4) Syed Asghar Abbas Rizvi, S/o Sh. Syed Badshab Alinad Rizvi f) Offence complained of or : Sec 120B IPC r/w Sec. proved 468/471 IPC g) Plea of the accused : Pleaded not guilty h) Final order : Acquitted a) Sl. No. of the case : 11/C i) Date on which judgment : 13/07/2007 reserved j) Judgment delivered on : 17/07/07 k) BRIEF STATEMENT OF THE REASONS FOR DECISION. 1. The chargesheet in this case was filed by the Central Bureau of Investigation (in short referred to as CBI hereinafter) against accused namely (1) Syed Fatehab Ali Meerza S/o Late Wasif Ali Meerza @ Gabbo Saheeb, R/o 85 Park Street, Kolkata (died and proceedings abated against him), (2) Basudeo Narayan Singh @ Singh Sahab S/o Late Sh. Jagat Naryan Singh, R/o 7Sailen Dhar Road, Liluah Howrah, West Bengal (died and proceedings abated against him), (3) Prince Anjum Qudar @ Rousan Mirza, S/o Late Sh. Mehar Quadar, R/o P34 Garden Reach Road, Kolkata (died and proceedings abated against him) and (4) Syed Asghar Abbas Rizvi, S/o Syed Badshab Alinad Rizvi, R/o 9C, Navakala Apartment, Patparganj, New Delhi respectively. 2. The main facts pertaining to this matter as mentioned in the chargesheet against the accused are to the effect that this case was registered on the directions of Hon'ble Kolkata High Court for using forged notification by accused dated 02/02/90 of the then Secretary of Ministry of Home Affairs and a certificate purported to have been issued by the then Union Home Minister, Sh. Buta Singh; that during investigation, it was revealed that Syed Fatehab Ali Mirza made several representations requesting the Union Government to recognise him as Nawab Bahadur of Murshidabad and to declare him entitled to get payment of annuity by virtue of Murshidabad Act, 1891; that Fatehab Ali Meerza filed a writ petition before Hon'ble Kolkata High Court in this regard; that a fabricated copy of notification dated 02/02/90 showing title of Nawab Bahadur of Murshidabad of Syed Fatehab Ali Meerza was used during the pendency of his writ petition before Hon'bleKolkata High Court in order to get favourable order on the basis of the same; that forgery and cheating of certain other documents was also revealed during the course of further investigation against the accused pertaining to this matter. Hence, a chargesheet was filed after the completion of entire investigation against all the four accused for offences punishable U/s 120B/468/471/511 of The Indian Penal Code, 1860 (in short referred to as IPC hereinafter). 3. Earlier this case was tried at Kolkata and it was subsequently transferred to this court as per the directions of Hon'bleSupreme Court of India on the transfer petition of accused, Asghar Abbas Rizvi (in short referred to as A.A. Rizvi hereinafter) filed by him for this purpose before Hon'ble Supreme Court of India. 4. During the course of proceedings, all the other accused except accused A.A. Rizvi have died and proceedings already abated against them as per record. Accused, A.A Rizvi was only facing trial of this case when it came before this court by way of transfer. 5. Copies of documents were supplied to the accused in compliance to the provisions of Sec. 207 of The Code of Criminal Procedure 1973 (in short referred to as Cr.PC hereinafter). 6. A charge was framed against the accused, A.A. Rizvi on 18/12/06 by this court for the offence u/s 120B IPC r/w Sections 468 and 471 IPC respectively to which he did not plead guilty and claimed trial. 7. From the side of CBI, PW1 Sh. P.K. Chadha, PW2 Sh. Sidda Linga Nagrajan, PW3 Sh. Manjeet Singh, PW4 Sh. Kali Prasad Gupta and PW5 Sh. Bipul Garg Choudhary