IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Crl.MC.No. 3355 of 2008() ------------------------- AGAINST THE ORDER IN LPC 91/2004 IN CC.269/2002 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO.240/02 OF KASARAGOD POLICE STATION .................... PETITIONER: ACCUSED ------------------- NAJIR HASSAN, S/O. HASSAINAR, FORMERLY KNOWN AS PALLICKAL HUSSAIN HAMEED, S/O. HASSAINAR, P.H. HOUSE, PALLICKAL, P.O. THALANGARA, KASARAGOD. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY STATION HOUSE OFFICER, KASARAGOD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3355 of 2008 ------------------------------------- Dated this the 18th day of September, 2008 ORDER Petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Sections 419 I.P.C, has come to this Court again with a petition under Section 482 Cr.P.C. An earlier attempt made by him was turned down by order dated 11.08.05 in Crl.M.C.No.4394 of 2003. That order has not been challenged. The petitioner after a lapse of about 3 years has come to this Court again with identical request. The request of the petitioner to quash the proceedings was considered in detail and turned down by this Court. Without expressing any final or authentic opinion on the disputed fact it was held that the allegation of cheating raised against the petitioner deserves to be gone into by the trial court. The petitioner has now come again with the submission that there is no requisite sanction as insisted by Section 15 of the Passport Act to prosecute the petitioner for the alleged offence under Section 12 (b) of the Passport Act. That contention can of course be raised Crl.M.C. No.3355 of 2008 2 before the learned Magistrate by the petitioner. As regards the allegation of cheating, it was found to be prima facie sustainable as per the order dated 11.08.2005. It is submitted that the matter has been settled between the parties and the Passport Officer has no objection against issuing a new passport. If there be any settlement, it must be reported to the learned Magistrate and the learned Magistrate can be requested to accept the same. 2. At any rate I don't want to go in detail any further. I am satisfied, in view of the detailed order passed on 11.08.05 in Crl.M.C.No.4394 of 2003, that the renewed request for the same relief made by the petitioner in this case cannot succeed. The learned counsel for the petitioner submits that the petitioner has not appeared before the learned Magistrate. Hence coercive processes issued by the learned Magistrate are chasing him. The petitioner can of course surrender before the learned Magistrate and if he so surrenders, his application for regular bail must be considered by the learned Magistrate Crl.M.C. No.3355 of 2008 3 in accordance with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] on merits, in accordance with law and expeditiously - on the date of surrender itself. The petitioner can certainly request the learned Magistrate for expeditious disposal of the case in the facts and circumstances of this case. Needless to say, the petitioner can argue for discharge on the ground of want of sanction and appropriate decision must be taken by the learned Magistrate. Needless further to say that if there be any composition, such composition can be reported to the learned Magistrate and the learned Magistrate can be requested to accept the same. 3. This Crl.M.C is, in these circumstances, dismissed with the above observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-