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 CJM at Mangaluru. The proceedings were registered for offences under Sections 465, 468, 471, 420 of the Indian Penal Code and Section 12B of the Passports Act, 1967. The petitioner was accused of facilitating police verification for the renewal of a passport. The court heard the learned counsel for the petitioner, the State Public Prosecutor, and the Deputy Solicitor General of India. The court examined the material on record and found that the petitioner's role was limited to facilitation of police verification. There was no allegation that the petitioner forged any document or cheated anyone. The court held that the ingredients of the alleged offences were not satisfied 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 - Abuse of Process - The petitioner, a travel agent, was accused of facilitating police verification for passport renewal. The court held that mere facilitation without any allegation of forgery or cheating does not constitute an offence. The proceedings were quashed as an abuse of process of law. (Paras 1-4) B) Passports Act, 1967 - Offence under Section 12B - No Prima Facie Case - The allegation against the petitioner was that he facilitated police verification for passport renewal. The court found no material to show that the petitioner forged or used forged documents or cheated anyone. Hence, no prima facie case under Section 12B of the Passports Act, 1967 was made out. (Paras 3-4) C) Indian Penal Code - Sections 465, 468, 471, 420 - Forgery and Cheating - The petitioner was accused of facilitating police verification for passport renewal. The court observed that the petitioner's role was limited to facilitation and there was no allegation that he forged any document or cheated anyone. Therefore, the ingredients of these sections were not satisfied. (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 under Section 482 CrPC 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 CJM at Mangaluru are quashed.
Law Points
- Quashing of criminal proceedings
- Section 482 CrPC
- No prima facie case
- Abuse of process of law
- Passports Act 1967 Section 12B
- Indian Penal Code Sections 465
- 468
- 471
- 420
