HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.9446 of 2010 DATE: 06.10.2010 BETWEEN: E.Ranga Rao .. Petitioner And The State of A.P. ` .. Respondent HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.9446 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.12 of 2005 of Abid Road Police Station, Hyderabad. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State. The police registered Crime No.12 of 2005 against the petitioner alleging commission of offence under Section 12(1)(b) of the Passports Act. The learned counsel appearing for the petitioner submitted that the punishment for the offence alleged under Section 12(1)(b) of the Passports Act, 1967 is six months with fine which may extend to five thousand rupees and the police so far have not filed charge sheet and therefore, the cognizance of the said offence is barred under Section 468 Cr.P.C. The learned counsel would also further submit that prior sanction is required for registering the case and that no prosecution shall be instituted against the petitioner for the offence under Section 15 of the Passports Act and no previous sanction is obtained from the authorities concerned in respect of the offence registered against the petitioner. On the other hand, the learned Additional Public Prosecutor submits that the police in fact filed charge sheet in the year 2008 and it was returned by the court concerned and subsequently it was not numbered. Even if the contention of the learned Additional Public Prosecutor is correct, the cognizance of offence has to be taken within one year from the date of the offence alleged. In the instant case, the offences, according to the prosecution, occurred in the year 2005. The charge sheet is filed in the year 2008. Therefore, the magistrate cannot take the cognizance of the offence. Further, so far, it is not known whether the required sanction under Section 15 of the Act has been obtained and the returned charge sheet was represented by the police before the magistrate. For the laches on the part of the police, the petitioner shall not be made to suffer. Considering all the aforementioned aspects, I deem it appropriate to quash the proceedings so as to avoid unnecessary harassment and inconvenience to the petitioner. To meet the requirement of justice, instead of keeping the case pending for trial, it is expedient to quash the proceedings. Consequently, the entire proceedings in Crime No.12 of 2005 of Abid Road Police Station, Hyderabad are hereby quashed. The Criminal Petition is allowed. ___________________ R.KANTHA RAO,J Date: 06.10.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.9446 of 2010 DATE: 06.10.2010