M.P. ARUN Vs. THE STATE

JUDGEMENT

(1.) Challenge in this criminal revisional application under section 397 of the Code of Criminal Procedure read with section 401 thereof is to an order dated 12th December, 2011 passed by the learned Judicial Magistrate, First Class-II, Port Blair in GR case No.2090 of 2007. By the order impugned, an application dated 23rd November, 2011 filed by the accused/petitioner for discharge was rejected.

(2.) The accused/petitioner had applied for passport on 22nd February, 2007. He had represented that no criminal case is pending against him on that date. He had also claimed to be a businessman in such application. The Passport Officer, upon receipt of the application, was of the view that the accused/petitioner had suppressed material information in that three criminal cases were allegedly pending against him on the date when the application was made and that he was not a businessman as claimed but a Police Radio Operator employed by the Administration.

(3.) Prosecution was launched against accused/petitioner. It is ascertained from the records that he had applied for discharge claiming that all the criminal cases that had been initiated against him stood disposed of on the date he had made the application for passport i.e. 22nd February, 2007.