OSEELA ABDUL KHADER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused, two in number, in a pending case on the file of the Judicial First Class Magistrate Court-V, Kozhikode. They are being prosecuted on a police report imputing the offence punishable, as stated in such report, under Section 12(1)(b)(2) of the Passports Act, 1967, for short the 'Act'. They have filed the above petition to quash the criminal proceedings in the case contending that no previous sanction of the Central Government has been obtained to prosecute them of the offence imputed under the Act. Notice given, the additional 3rd respondent/de facto complainant has entered appearance, and filed a counter affidavit.

(2.) I heard the counsel on both sides and also the learned Public prosecutor.

(3.) The 1st petitioner in the case is a medical practitioner employed at Dubai, and the 2nd petitioner is her father. First petitioner is also the mother of a four year old child born out of her wedlock with the 3rd respondent. Matrimonial disputes between the spouses had led to severing of their marital relationship, with the custody of the child handed over to the mother. At a time while such disputes were prevailing, the 3rd respondent filed a complaint before the Police alleging that the petitioners have obtained a duplicate passport of the child suppressing material facts and making false representation that previous passport issued in her name had been lost. Crime registered thereof has led to indictment of the petitioners for the offence stated supra under the Act.