AZALEA VERONICA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the petitioner has come forward with this petition seeking the relief of quashing the first information report in crime No. 81 of 2003 on the file of the respondent police dated 7-6-2003, pending investigation.

(2.) LEARNED counsel for the petitioner submits that the petitioner is said to have left Chennai on 4-6-2003 to reach U. S. on 6-6-2003 and the petitioner was deported to Chennai on the ground that she has gone to USA on a forged visa. It is also submitted by the learned counsel for the petitioner that the complaint was given by the Senior Immigration Officer to the respondent police and the respondent police, in turn, registered a case against the petitioner under section 12 (1) (b) of the Passport Act.

(3.) LEARNED counsel for the petitioner submits that this petition for quashing is filed on legal ground that as per Section 167 (5), Cr. P. C. the investigating agency could have completed the investigation within a period of six months in view of the fact that the offence registered against the petitioner comes under the category of summons case. It is pointed out by the learned counsel for the petitioner that the offence alleged against the petitioner is punishable with imprisonment up to two years or with fine up to Rs. 5,000/- or both and the trial is to be proceeded under the summary procedure.