Case Note & Summary
The petitioner, Sri U.M. Haidar, a physically disabled travel agent, filed a petition under Section 482 CrPC seeking quashing of proceedings in C.C.No.168/2021 pending before the II Additional Civil Judge and C.J.M. at Mangaluru. The proceedings were registered for offences punishable under Sections 465, 468, 471, 420 of the Indian Penal Code and Section 12B of the Passports Act, 1967. The petitioner had facilitated police verification for the purpose of renewal of a passport. The facilitation came to the knowledge of the complainant-constable who had approved the police verification. The court heard the counsel for the petitioner, the State Public Prosecutor, and the Deputy Solicitor General of India. The court observed that the petitioner merely facilitated police verification and there was no allegation that he forged any document or cheated anyone. The court held that the allegations did not make out a prima facie case for the offences alleged and that continuing the proceedings would be an abuse of the process of law. Consequently, the court allowed the petition and quashed the proceedings in C.C.No.168/2021.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - The High Court can quash criminal proceedings if the allegations do not disclose a prima facie offence or are an abuse of process of law. (Para 4) B) Indian Penal Code - Forgery and Cheating - Sections 465, 468, 471, 420 - No Prima Facie Case - Where the petitioner merely facilitated police verification for passport renewal without any allegation of forgery or dishonest inducement, the proceedings are liable to be quashed. (Paras 3-4) C) Passports Act, 1967 - Offences - Section 12B - No Prima Facie Case - The petitioner's role as a travel agent in facilitating police verification does not attract Section 12B in the absence of any false statement or concealment of fact. (Paras 3-4)
Issue of Consideration
Whether the criminal proceedings against the petitioner for offences under Sections 465, 468, 471, 420 IPC and Section 12B of the Passports Act, 1967 should be quashed for lack of prima facie case.
Final Decision
The petition is allowed. The proceedings in C.C.No.168/2021 pending before the II Additional Civil Judge and C.J.M. at Mangaluru are quashed.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- No prima facie case for forgery or cheating
- Passports Act Section 12B
- Indian Penal Code Sections 465
- 468
- 471
- 420
