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2016 DIGILAW 34 (KER)

Shine Elezabeth Augustine v. State of Kerala

2016-01-12

B.KEMAL PASHA

body2016
ORDER : 1. The petitioner is the accused in C.C.No.599 of 2013 of the Judicial First Class Magistrate’s Court-III, Kottayam, which has arisen from Crime No.4 of 2013 of the Manarcad Police Station, for the offence under Section 12 of the Passport Act, 1967. 2. The allegation against the petitioner is that she, who is the legally wedded wife of the 3rd respondent, has knowingly suppressed the factum of her marriage and obtained a passport under Tathkal Scheme, by showing her as a spinster. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. There is no representation for the 3rd respondent. 4. It seems that prior sanction of the Central Government has not been obtained in the matter for launching the prosecution against the petitioner. The offence under Section 12 of the Passport Act is the only offence alleged in the case. In such case, for want of sanction under Section 15 of the Act, the prosecution is not legally sustainable. On that ground alone, the prosecution proceedings are liable to be quashed. Matters being so, all further proceedings in C.C.No.599 of 2013 pending before the Judicial First Class Magistrate’s Court-III, Kottayam, as against the petitioner, based on Annexure-A2 Final Report in Crime No.4 of 2013 of the Manarcad Police Station, can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.599 of 2013 pending before the Judicial First Class Magistrate’s Court-III, Kottayam, as against the petitioner, based on Annexure-A2 Final Report in Crime No.4 of 2013 of the Manarcad Police Station, are hereby quashed.