MUSTHAQ AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has challenged FIR No32/2016 for offences under Ss. 420 RPC and 12 Passports Act.

(2.) It appears that the respondent Crime Branch received a written complaint from Naheed Mir, wife of the petitioner, that was endorsed by Chief Judicial Magistrate, Srinagar, to the respondent. In the complaint it was alleged that the petitioner has contracted a second marriage in violation of Civil Service Rules. It was also alleged that the petitioner has managed to get a new passport issued in his favour when his original passport was lying with the complainant. It was further alleged that the petitioner by furnishing false information before the Passport Authority has managed to procure a new passport.

(3.) The respondent registered a preliminary verification and after conducting preliminary verification, the impugned FIR came to be registered. During the investigation of the case, statements of the witnesses under Sec. 161 of the Cr. P. C were recorded and the records pertaining to issuance of passport in favour of the petitioner were obtained from the Passport Authority, Srinagar. The original passport bearing No.K-6941025 of the petitioner was seized from the possession of the complainant.