MUHAMMED SHERIF Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C.No.280/2014 on the file of the Court of the Chief Judicial Magistrate, Thiruvananthapuram.

(2.) The prosecution case is as follows: The petitioner/first accused lost his passport when he was abroad. In order to somehow reach India, he got possession of the passport issued in the name of one Abdul Salam, with the help of the second accused in the case. The petitioner removed the photo from the aforesaid passport and affixed his own photograph in it. Using such fake passport, he travelled from Riyadh airport and reached Thiruvananthapuram airport. At the time of immigration checking at Thiruvananthapuram airport, the forgery committed by the petitioner was detected. A case was registered against him for the offences punishable under Sections 465, 468, 471 and 419 read with 34 I.P.C and Section 12(1)(b) and (d) of the Passports Act. After completing the investigation, Annexure-A chargesheet was filed against him for the offences mentioned above.

(3.) The petitioner has prayed for quashing the proceedings against him on the ground that no previous sanction from the Central Government has been obtained for taking cognizance of the offences and that the trial of the case conducted without such sanction is bad in law.