IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Crl.MC.No. 684 of 2009(C) ------------------------------- (CRIME NO.73/09 OF NEDUMBASSERY AIRPORT POLICE STATION) ............................... PETITIONER(S): ACCUSED ------------------------------- HAMED MIRZAMAN, AGED 21 YEARS, KABOOL KATTESSEY 3, NANGPAAR, AFGHASITAN. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENT(S): COMPLAINANT ----------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEDUMBASSERY AIRPORT POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 684 OF 2009 = = = = = = = = = = = = = = = Dated this the 27th day of March, 2009. O R D E R This petition is filed with a prayer to quash all further proceedings in Crime No.73/09. The petitioner herein is an Afghan national. The offence alleged against him is that he had changed the photograph in a passport, affixed his photograph, used it and travelled and he was deported from Colombo back to Nedumbassery thereby he has committed offences u/Ss. 12(1)(b)(d) and (e) of the Passport Act as well as Ss.468, 419 and 471 of IPC. The learned counsel would contend that the cause of action had not arisen within the limits of this country and therefore an action will not lie within the limits of India. Admittedly this person had boarded from Nedumbassery was caught hold only from Colombo on the basis of a forged passport. He was deported back to Nedumbassery wherein the authorities had taken a case against him. S.12(b) and 12(d) of the Passport Act deals with furnishing of false information as well as Crl.M.C. 684 OF 2009 -:2:- knowingly using a passport or travel document issued to another person. Here the allegation is to the effect that he had substituted the photograph of him in a Passport issued to another person and had travelled. The materials regarding the fact from where it was forged, how it was forged etc. are all materials that require consideration at the stage of trial when the evidence is taken. It is too early a stage now to quash the complaint for the reason that the materials prima face point out accusation of violation of provisions and attracts the penal consequences of S.12(b) and (d) at least of the Passport Act. Therefore this Crl.M.C is dismissed. M.N. KRISHNAN, JUDGE. ul/-