MOHAMMED HUSSAIN THANGAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to quash the charge sheet filed against him in C.C.No:128/2005. That charge sheet was filed by the C.B.C.I.D., alleging offences under sections 419, 469 and 471 of I.P.C. and also under section 12(1) of Passport Act, 1967.

(2.) The petitioner is admittedly a permanent resident of Androth of Lakshadweep Island. It is alleged that he intentionally and fraudulently cheated the passport authorities by deliberately furnishing incorrect address to make it appear that he was a resident of Attingal of Thiruvananthapuram District and by suppressing material facts and fraudulently furnishing such materials he obtained a passport and a Visa. He was attempting to board Flight No:A1 877 to Saudi Arabia on 30.01.2003. It was alleged that he impersonated as a resident of Attingal when actually he was a resident of Androth Island.

(3.) The learned counsel for the petitioner submits that the allegation mentioned in the charge sheet do not disclose any offence against the petitioner. This submission is stiffly resisted by the learned Public Prosecutor.