IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Crl.MC.No. 4639 of 2010() --------------------- CRIME NO. 512/2009 OF CHAVARA POLICE STATION, KOLLAM ............................ PETITIONER / ACCUSED: ------------------------------------- IBRAHIM.K., S/O.KOYA, KANNORKANDI HOUSE, KIZHAKKOTH.P.O., KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENTS / COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF MAHARASHTRA, REPRESENTED BY THE STATION HOUSE OFFICER, SAHAR POLICE STATION, MUMBAI, MAHARASHTRA-400 099. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. ---------------------------------- Crl.M.C.No.4639 of 2010 --------------------------------- Dated this the 14th day of December, 2010 ORDER When petitioner landed at Chatrapati Shivaji International Airport on 10.01.2009, after his deportation from Saudi Arabia, he was produced before the Sub Inspector working as Immigration Officer, Chatrapati Shivaji International Airport. On questioning, finding out that he had procured two passports and had gone to Saudi Arabia, Crime No.22/2009 of Sahar Police Station, Mumbai was registered for offences punishable under Sections 465, 468, 471 and 420 of Indian Penal Code and Section 12(i)(b) of Passport Act. When the Superintendent of police, Kollam received information from the Sub Inspector of Sahar Police Station that petitioner was booked for possession of false passport, and he had obtained Indian Passport on a false address, Superintendent of Police directed the Station House Office, Chavara to register a case. The Station House Officer, Chavara registered Crime No. 512/2009 of Chavara Police Station under Annexure A2 F.I.R. Petition is filed under Section 482 of Crl.M.C.No.4639 of 2010 2 the Code of Criminal Procedure to quash the F.I.R contending that in respect of the offences alleged in Annexure-A2 F.I.R, Sahar Police had already registered a case, investigated the same and submitted a final report, which is now pending before the Metropolitan Magistrate, 22nd Court, Andheri, Mumbai as C.C.260/PW/09. In such circumstances, continuing the prosecution under Annexure-2 F.I.R is an abuse of process of the court. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Anexure-A2 F.I.R shows that the Crime was registered for offences under Sections 465, 468, 471 and 420 of IPC and Section 12(1)(b) of Passport Act, solely based on the information received by the Superintendent of Police, Kollam from the Sub Inspector of Police, in Crime No.22/2009, which is registered under Annexure-A2 F.I.R as stated earlier. 4. The learned Public Prosecutor on instructions, submitted that the Sahar Police after completing the investigation laid a final report for offences punishable under Sections 465, 468, 471 Crl.M.C.No.4639 of 2010 3 and 420 of IPC and Section 12(1)(b) of Passport Act before the Metropolitan Magistrate, Mumbai and it is pending trial. 5. In such circumstances, it is clear that the investigation for the same offences in respect of the same incident by Chavara Police under Section Annexure-A2 is unwarranted, as after investigation a final report has already been submitted, and it was taken cognizance also. In such circumstances, investigation under Annexure-A2 F.I.R can only be quashed. Petition is allowed. Annexure-A2 F.I.R in Crime No. 512/2009 of Chavara Police Station registered under Annexure- A2 F.I.R and further proceedings are quashed. M.SASIDHARAN NAMBIAR, JUDGE. ln