IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 Crl.MC.No. 4409 of 2010() ------------------------- CRL.M.P.178/2000 IN CRIME NO.977/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA .................... PETITIONER(S): ACCUSED ---------------------- SUDHAKARAN,AGED 51 YEARS, S/O.APPU,VATTAPARAMBIL HOUSE,PALLIKKARA, NAPPAM MUKKU, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE, CRIME DETACHMENT,ALUVA, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4409 of 2010 -------------------------------------- Dated this the 3rd day of January, 2011. ORDER This petition is in challenge of Annexure-A1, order dated February 9, 2010 of the court of learned Judicial First Class Magistrate-II, Aluva refusing permission to the petitioner to go abroad. Petitioner is accused of offences punishable under Sections 419, 468 and 471 of the Indian Penal Code and Section 12(1) (b)(d) of the Indian Passports Act, allegation being that he tried to go abroad on 29.05.2009 at about 2.30 p.m. making use of forged passports which were issued to one Sivan. It is the case of the Investigating Agency that three such passports were seized from the possession of petitioner, all issued to the said Sivan . At a stage when investigation was not complete, petitioner filed Crl.M.P.No.178 of 2010 seeking permission to go abroad in connection with employment. That petition was opposed by the Investigating Agency on the ground that investigation of the case is not completed. Learned Magistrate observed that if petitioner went abroad, he might not return and make available for trial and dismissed the petition. Learned counsel for petitioner contends that the investigation of the case has not even been completed and that if investigation and trial further prolonged petitioner will loose his employment abroad. Learned Public Prosecutor submits that the person to whom the passports were actually issued is yet to be traced and that details of passports are also to be obtained. Crl.M.C.No.4409/2010 2 2. Having regard to the nature of offences attributed to the petitioner, I am not inclined to think that learned Magistrate was wrong in disallowing the prayer to go abroad, at this stage. But, the matter cannot be prolonged for ever whatever be the reason thereof. Investigating Agency has to complete investigation as early as possible and submit final report and on such submission of final report, trial court has to dispose of the case as provided under law at the earliest. However, if the investigation of the case is unduly delayed I make it clear that it will be open to the petitioner to move fresh application for the same relief in the court below. Resultantly this petition is dismissed with a direction to the Investigating Agency to complete investigation of the case as early as possible and making it clear that if the investigation is unduly delayed, it will be open to the petitioner to move fresh application for the same relief in the court below. In case the final report is submitted by the Investigating Agency, trial court shall dispose of the case as early as possible as provided under law. THOMAS P.JOSEPH, Judge. cks