USMAN M.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition filed under Section 482 of the Code of Criminal Procedure, Annexure V order passed by the learned Judicial Magistrate of the I Class - I, Kasargod is under challenge.

(2.) Crime No.711/2013 of the Badiadka Police Station was registered against the petitioner for the offence under S.419, 465, 468, 471 of the IPC and also under S.12(1)(b) of the Indian Passport Act, 1967 on the allegation that petitioner had applied for and obtained Indian Passport bearing No. J -5380442 on the strength of a fake address. The petitioner was arrested on 18.02.2016 on his return from Jeddah and his current passport bearing No.M -9914181 was seized by the police.

(3.) The learned counsel appearing for the petitioner relies much on Annexure 2 certificate issued by the Consulate General of India, Jeddah to advance the contention that the registration of the crime is under a mistaken premise. According to the learned counsel, fresh passport was issued from the Consulate General of India, Jeddah in lieu of his earlier passport No.J -5380442 which had incorrect particulars. Referring to Annexure 2, it is pointed out that the Consulate had certified that the petitioner has been cleared to possess his current passport with the approval of competent authorities in Government of India. In addition, the Consulate General had also afforded assistance and protection to the petitioner.