NOUFAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Crime No.841 of 2013 of Bekal Police Station which has been registered for the offences under Sections 419, 465, 468 and 471 IPC and section 12(1)(b) of the Passports Act prays that the proceedings in the crime may be quashed on the ground that the case was registered and is being investigated without previous sanction of the Central Government. The facts of the case are not relevant for the present purpose.

(2.) section 15 of the Passports Act runs as follows: No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central Government or such officer or authority as may be authorised by that Government by order in writing in this behalf.

(3.) Before the registration of the case sanction of the Central government was not obtained. Learned counsel for the petitioner submits that with the registration of the case the prosecution was instituted and so the proceedings are invalid. The question is whether sanction contemplated by section 15 of the Passports Act is necessary before registration of case.