IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Crl.MC.No. 630 of 2009() ------------------------ CC.82/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... PETITIONER(S): ACCUSED: ------------------------------------------ 1. KINSTAN. E.CHUKKU,AGED 32 YEARS,S/O.CHUKKU, AVENUE AREA,AADIYA STATE,NIGERIA. 2. AADIBE,AGED 32YEARS,GEROGE NAMBI,APPANA ROAD, LOGOS,NIGERIA. BY ADVS. MR.P.K.VARGHESE, MR.K.S.ARUN KUMAR, SMT.M.N.MAYA. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== CRL.M.C. No.630 OF 2009 ===================== Dated this the 25th day of February 2009 O R D E R This petition is filed to quash Annexure-I charge sheet in C.C.No.82 of 2008 pending before the Judicial I Class Magistrate Court, Kattappana. Petitioners herein are Nigerian citizens and they have been accused of having committed the offence punishable under the Indian Passport Act. The investigation is over and the police has filed a charge. It is the contention that Government sanction is necessary to proceed with the case. 2. The learned Public Prosecutor has filed a statement and in paragraph 5, it is specifically stated that an application is moved before the District Collector, Idukki through the Superintendent of Police, Idukki on 27.1.2009 and the sanction is not obtained so far. Learned counsel for the petitioners submits before me that these persons are in jail for the last 14 months and there must be a finality to their detention. Even their request for plea-bargaining is not entertained by the court for the reason that there is no sanction. So, this is a case where a direction has to be given to the District Collector to consider and dispose of the permission for sanction as CRL.M.C. 630/2009 -:2:- expeditiously as possible, at any rate, within 3 weeks from today. Crl.M.C. is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-