Bombay HC quashes charges against woman caught using fake BMC ID during Covid lockdown
Bombay HC quashes criminal proceedings against Gaikwad for fake BMC ID during pandemic; no fraudulent intent found. Charges against Sanghavi dropped too.
MUMBAI: The Bombay high court on Monday quashed criminal proceedings against Deepali Gaikwad, who was found travelling with a fake Brihanmumbai Municipal Corporation (BMC) photo identity card during the Covid-19 pandemic.
Gaikwad, along with Chintan Sanghavi, was being prosecuted for alleged offences under Sections 420 (cheating), 465 (forgery), 468 (forgery for the purpose of cheating), and 471 (fraudulently or dishonestly using a forged document) read with Section 34 (common intention) of the Indian Penal Code. The charges stemmed from their possession and use of fraudulent photo IDs to travel during a pandemic lockdown. The IDs were issued solely to people working in essential industries.
Gaikwad, an accountant at a private firm, was caught with a fake BMC ID card while travelling by train. A railway ticket inspector, who detained her at Mahalaxmi railway station during a routine check, suspected the authenticity of her ID. She was then brought to the Mumbai Central Railway Police Station.
The police investigation revealed that Gaikwad’s photo ID card was linked to Sanghavi, a partner in the firm she worked for. Sanghavi had got the card through an intermediary, Subramanium Mahadevan, who had obtained it from Anees Abdul Sattar Rathod. Rathod used to pose as a BMC officer and provide fake IDs for ₹700 each.
However, the high court ruled there was nothing on record to indicate Gaikwad and Sanghavi had a fraudulent or dishonest intention of deceiving the railway department. Justice Prithviraj Chavan, who presided over the case, also highlighted procedural lapses in the trial court’s handling of the charges.
“The applicants were not given an opportunity to review the charge sheet or apply for discharge before the charges were hurriedly framed,” noted Justice Chavan. He also pointed out there was no forensic evidence to confirm the ID was fake.
Citing a Supreme Court precedent, Justice Chavan emphasised the importance of properly framing charges to ensure the accused understood the allegations against them. “Errors in this regard would result in a failure of justice,” he said.
The court also noted the lack of compliance with several provisions of the Code of Criminal Procedure. “The Magistrate has not given an opportunity to the applicants of being heard, and therefore, framing of the charge without compliance of the aforesaid provisions would not sustain,” Justice Chavan said.
While the court quashed the charges against Gaikwad and Sanghavi, the trial against the third accused, Rathod, who had multiple past offences, will proceed.