IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 691 of 2006()
1. MUHAMMAD SHUMSEER, S/O.ABDULKHADER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :21/02/2007
O R D E R
K.R.UDAYABHANU, J
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CRL.R.P.No. 691 of 2006
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Dated this the 21st day of February, 2007
ORDER
Revision petitioner who is the accused in C.C. 604/2002
with respect to the offence under Section 12(1) (b) and (d) of the
Indian Passport Act, 1967, has sought for setting aside the order
of the JFCM in rejecting his contention that the prosecution is
not maintainable as the same is not supported by previous
sanction as required by Section 15 of the Passport Act.
2. I find that the court below has not considered the
provision in this regard and just dismissed the application
granting time to the prosecution to obtain sanction. I find that
Section 15 of the Passport Act contemplates previous sanction
for institution of the prosecution. Hence, it appears that the
finding of the court below in this regard is contrary to the
statutory provision. In the circumstances, the order of the court
below is set aside. The prosecution instituted as such without
obtaining the previous sanction cannot be sustained. The
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accused is ordered to be discharged.
The Criminal Revision Petition is allowed.
K.R.UDAYABHANU,
JUDGE
csl
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K.R.UDAYABHANU, J
Crl.R.P.No.899 of 2001
ORDER
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15th February, 2007
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