IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Crl.MC.No. 2871 of 2008() ------------------------- CRIME NO. 295/07 OF CHIRAYINKEEZH POLICE STATION PETITIONER/ACCUSED: --------------------------------- BHASI SURESH KUMAR, POST BOX NO.29887 QUSAIS DETRA, DUBAI, REP. BY HIS POWER OF ATTORNEY HOLDER AND FATHER BHASI, AGED 67 YEARS, S/O. MADHAVAN RESIDING AT KOZHYOTTU MADAM, KOONTHALLOOR, CHIRAYINKEEZH, THIRUVANANTHAPURAM DIST. BY ADV. SRI.N.M.JAMES RESPONDENTS/COMPLAINANT: ------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, KURAVANKONAM, PATTOM POST THIRUVANANTHAPURAM DIST. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZH POLICE STATION, CHIRAYINKEEZH POST THIRUVANANTHAPURAM DIST. 3. THE CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, GOVT. OF INDIA, NEW DELHI. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2871 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2008 O R D E R The petitioner has come to this Court with this petition under Section 482 Cr.P.C. praying that Crime No.295 of 2007 of Chirayinkeezhu police station registered against the petitioner alleging offences punishable under Section 12 of the Passport Act and Sections 419 and 471 I.P.C. may be quashed. 2. The crux of the allegations against the petitioner is that he, in whose favour one passport had already been issued, suppressed that information and obtained a fresh passport fraudulently. The crime has been registered on the basis of Annex.A4 complaint submitted by the Superintendent of Police, Trivandrum Rural to the S.I. Of Police, Chirayinkeezhu police station. Investigation is in progress. The petitioner has not been arrested so far. He submits that further proceedings in the crime is totally unnecessary as the petitioner has already been proceeded against for possessing two passports and he had Crl.M.C.No. 2871 of 2008 2 already paid penalty before the Consulate General, Dubai. He relies on Annex.A2, copy of the receipt issued to him. 3. I am afraid, the prayer of the petitioner cannot be accepted. There is nothing in Annex.A2 which can now suggest that the payment thereunder was made for compounding the alleged indiscretion committed by the petitioner in respect of which the crime in question has been registered. 4. Quashing of an F.I.R. is an exceptional remedy which this Court may grant invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. Sufficient and compelling reasons must be shown to exist. Annex.A2 only shows that payment thereunder was made as passport fee. There is absolutely nothing at the moment to infer or conclude that Annex.A2 payment was made accepting the composition of the alleged indiscretion committed by the petitioner in applying for another passport suppressing the information about the earlier passport issued to him. 5. The matter deserves to be investigated into. If the petitioner can produce any better material to show that the alleged indiscretion, in Crl.M.C.No. 2871 of 2008 3 respect of which the present crime has been registered, has already been compounded by making payment of any fee, he can place the requisite material before the Investigating Officer, which the Investigating Officer must certainly take into consideration before the final report is filed after completing the investigation. 6. With the above observations this Crl.M.C. is dismissed. (R. BASANT) Judge tm