IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 684 of 2009()
1. HAMED MIRZAMAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.K.KUNHABDULLA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :27/03/2009
O R D E R
M.N. KRISHNAN, J.
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CRL.M.C. NO. 684 OF 2009
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Dated this the 27th day of March, 2009.
O R D E R
This petition is filed with a prayer to quash all further
proceedings in Crime No.73/09. The petitioner herein is an
Afghan national. The offence alleged against him is that he
had changed the photograph in a passport, affixed his
photograph, used it and travelled and he was deported from
Colombo back to Nedumbassery thereby he has committed
offences u/Ss. 12(1)(b)(d) and (e) of the Passport Act as well
as Ss.468, 419 and 471 of IPC. The learned counsel would
contend that the cause of action had not arisen within the
limits of this country and therefore an action will not lie
within the limits of India. Admittedly this person had
boarded from Nedumbassery was caught hold only from
Colombo on the basis of a forged passport. He was deported
back to Nedumbassery wherein the authorities had taken a
case against him. S.12(b) and 12(d) of the Passport Act
deals with furnishing of false information as well as
Crl.M.C. 684 OF 2009
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knowingly using a passport or travel document issued to
another person. Here the allegation is to the effect that he
had substituted the photograph of him in a Passport issued
to another person and had travelled. The materials regarding
the fact from where it was forged, how it was forged etc. are
all materials that require consideration at the stage of trial
when the evidence is taken. It is too early a stage now to
quash the complaint for the reason that the materials prima
face point out accusation of violation of provisions and
attracts the penal consequences of S.12(b) and (d) at least
of the Passport Act. Therefore this Crl.M.C is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-