HARDEEP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition has been filed by Hardeep Singh for quashing the FIR No. 16 dated 5.5.2014 (Annexure-P-1), registered under Section 420 IPC at Police Station Airport, Amritsar City, alongwith all the consequential proceedings arising therefrom.

(2.) As per the contents of the FIR in question, the petitioner, who was holding an Indian Passport No. L4264337 dated 9.9.2013, valid upto 8.9.2023, issued from Milan (Italy), approached the Immigration Clearance Officer, Amritsar. He was also carrying one old passport No. E4886181 dated 11.6.2003, valid upto 10.6.2013, issued from Jalandhar. It was found that the departure stamp of Mumbai Airport on the said old passport of the petitioner at page No. 11, was forged one. The petitioner admitted that he had left Mumbai Airport in 2004 for Italy through fraudulent means. Later on, the report of Mumbai Airport authorities was received which stated that the said stamp dated 11.12.2004 was a forged one. The petitioner was accordingly arrested on 4.5.2014 at the Amritsar Airport and was booked under Section 420 IPC in case FIR No. 16 dated 5.5.2014. The investigation is still pending. Reply on behalf of respondent No. 1-State of Punjab has been obtained, in which it has been asserted that the stamp was found to be forged one.

(3.) Respondent No. 3 in his reply has stated that the petitioner, in contravention of the provisions of Section 3 of the India Passport Act, 1967 (in short 'the Act'), had gone to abroad through illegal means, which is punishable under Section 12(1)(d) of the said Act.