ABDUL HUSSAIN ETHESHAM HUSSAIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is the sole accused in Cr.No.254 of 2015 of Police Station, Hussaini Alam, registered for the offences punishable u/sec.419 IPC and u/sec.12(b) of Indian Passport Act, 1967(for short, the Act ). The police after investigation filed final report. The complaint was taken cognizance for the offences by the Chief Metropolitan Magistrate, Nampally, Hyderabad and numbered as C.C.No.434 of 2016. It is the said crime and the cognizance order impugned herein.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State and perused the quash petition grounds, First Information Report, charge sheet and the expressions relied on particularly of the Single Judge expression in Pradeep Kumar Jain @ Babbe Vs. State of Utter Pradesh, 2003 CrLJ 682 of Allahabad High Court.

(3.) The sum and substance of the accusation in registration of the crime from the chargesheet showing the complainant-Sub Inspector of Police, Hussaini Alam Police Station, Hyderabad as L.W.1 and the Head Constable and Constable as L.Ws.2 and 3, the two mediators to disclosure and seizure as L.Ws. 4 and 5 and the Sub Inspector who issued the FIR and the other Sub Inspector who further investigated and filed chargesheet, is that on 21.11.2015 at 16.00 hours, the L.W.1 received credible information that one person by name Abdul Hussain @ Ethesham Hussain is having two passports with different names and trying to go abroad for job or business purpose and he is present at his house bearing No.20-2- 432 of Hussain Alam, Hyderabad and believing the information as true, he secured mediators L.Ws. 4 and 5 and in the presence of panchas he along with his staff proceeded to the said house and found said Hussain @ Ethesham Hussain and on enquiry, he revealed that he is Hussain @ Ethesham Hussain s/o Mohd. Bakir @ Bakir Hussain and searched his house and found two original passports with different names i.e. 1) Ethasham Hussain s/o Bakar Hussain, with date of birth 21.09.1976 with date of issue 10.10.1997 with date of expiry by 09.10.2007 bearing No.A 3956708 issued by the Indian Passport Authority, Hyderabad and the other with name Abdul Hussain s/o Mohammed Bakir, r/o H.No.20-2-432, with date of birth 06.01.1976, date of issue 12.01.2011 and date of expiry by 11.01.2021 bearing No.J 2846082 issued by the Indian Passport Authority, Hyderabad and on enquiry about two original passports, he informed that in 1997, he obtained first one in the name of Ethasham Hussain for the purpose of going to other countries for securing job or doing business and after obtaining passports, he went to Dubai and returned to Hyderabad and thereafter he went to Soudi Arabia and returned to Hyderabad in the year 2007. The first original passport was expired and applied for renewal by giving wrong and duplicate Identification (Id) proofs in Hyderabad and obtained the second passport supra with different date of birth and different father name. The same was seized from said disclosure leading to discovery and the charge sheet is filed with reference to same for the offences supra.