SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS petition is filed seeking to quash the entire criminal proceedings as against the petitioner, who has been ranked as A.1 in Crime No.1849 of 2007 on the file of the respondent police.

(3.) AS there is a telling testimony in the form of report emanated from the Chemical Examiner to the effect that the petitioner possessed genuine Passport and Indian Visa, this Court finds that the entire criminal proceedings as against the petitioner have to be quashed. In view of the above, the entire criminal proceedings as against the petitioner in Crime No.1849 of 2007 on the file of the respondent police are quashed and the criminal original petition stands allowed. Consequently, connected petition is closed. The matter was taken up for hearing on being mentioned after the final order was passed in the main Criminal Original Petition No.6512 of 2008. 2. The petitioner, who is accused of offences punishable under sections 12(1)(A) of the Passport Act and 472, 473, 475 read with 120B of the Indian Penal Code and 109 of the Indian Penal Code, moved the Criminal Original Petition No.6512 of 2008 seeking quashment. The court, having heard the submissions made on either side, chose to allow the petition seeking quashment and as a result of which the entire criminal proceedings as against the petitioner in Crime No.1849 of 2007 on the file of the respondent police were quashed. 3. Learned Government Advocate (Criminal Side) sought permission to post this matter for being mentioned. Accordingly, the matter came up for hearing before this court and the submissions made on either side were heard. 4. Learned counsel appearing for the petitioner would submit that there is a bar under section 362 of the Code of Criminal Procedure to review the final order passed by this court. Therefore, the question of re-opening the case which has already reached finality does not arise, he would submit. 5. Learned Government Advocate (Criminal Side) would submit that the gravity of the charges as against the petitioner and the seizure of fake seals from the custody of the petitioner were not properly highlighted during the course of final hearing of Criminal Original Petition No.6512 of 2008 for want of proper instructions from the respondent police and that therefore, the order passed by this court will have to be reviewed.