IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 OP(Crl.).No. 1954 of 2011(Q) ---------------------------------- CRMP.1022/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA .................... PETITIONER: --------------- GEORGE VAEGHESE, AGED 58,S/O.VARGHESE, KARATHARA HOUSE, ASHTAMICHIRA PO, THIRSSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.RAVI K.(PARIYARATH) RESPONDENT(S): -------------------- 1. THE STATE OF KERALA REP BY THE SECRETARY TO THE GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, ALUVA - 686 305. 3. THE PASSPORT OFFICER, COCHIN,ERNAKULAM - 682 035. R1 & R2 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(CRL). NO. 1954/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR IN CRIME NO.258/2011 DATED 25/03/2011 OF THE NEDUMBASSERY POLICE. P2: COPY OF THE REPORT OF THE SECOND RESPONDENT TO THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA. P3: COPY OF THE ORDER PASSED IN CRL.MP. NO.815/2011 IN CRIME NO.258/2011 DATED 07/05/2011. P4: COPY OF THE ORDER PASSED IN CRI.MP.NO.1022/2011 IN CRIME NO.258/2011 OF THE NEDUMBASSERY POLICE STATION ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. ------------------------------------------------- O.P (Crl.) No. 1954 OF 2011 ------------------------------------------------- DATED THIS THE 3rd DAY OF AUGUST, 2011 JUDGMENT Heard learned counsel for the petitioner, learned counsel for the Central Government and the learned Public Prosecutor. 2. Petitioner is the accused in Crime No.258/2011 of Nedumbassery Police station for offence punishable under Sections 468 and 471 of IPC read with Sections 12 (1)(b)&(d) of Passport Act, 1967. 3. On instructions learned Public Prosecutor states that investigation is going on as to whether the petitioner has tampered with the passport. Learned counsel for the petitioner submits that under the Passport Act,1967 the enquiry has to be conducted by the Passport officer as to whether the petitioner has tampered with the passport or somebody else has done it. In that view of the matter, I direct the Investigating officer to handover the same to the Passport officer, the 3rd respondent within three weeks from today. Enquiry conducted by the Passport officer as per Passport Rules shall be completed within 2 months from the date of receipt of a copy of this judgment. OP (Crl) No.1954/2011 -2- Passport officer shall submit a report to the Investigating officer and the Investigating officer shall file a report to the concerned court. Original Petition is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge