Kiran Kanta vs State Of Uttarakhand And Another

Lok Pal Singh, J

The instant Criminal Miscellaneous Application under Section 482 of Cr.P.C. has been filed for quashing the charge-sheet dated 10.06.2012 as well as cognizance order dated 13.07.2012 passed by learned Magistrate, Dehradun in Criminal Case No. 1390 of 2012, State v. Smt. Kiran Kanta, whereby applicant has been summoned to face trial of the aforesaid criminal case under Sections 420, 467, 468, 471 IPC and Section 12 of the Passport Act. The applicant has also sought quashing of entire proceedings of Criminal Case No. 1390 of 2012 pending in the Court of learned Chief Judicial Magistrate, Dehradun.

Facts, in brief, are that the husband of the applicant (respondent no. 2 herein) lodged an FIR against the applicant stating therein that, instead of mentioning her date of birth as 27.05.1963, applicant has mentioned 27.05.1966 her date of birth in the application form for issuance of the Passport and, as a consequence thereof, the Passport Office, Barielly issued the passport to the applicant mentioning her date of birth as 27.05.1966. The marriage between the applicant and respondent no.2 was solemnized on 02.12.2003. Due to the matrimonial discord, several criminal cases were lodged by the parties against each other. In the FIR, the allegations were made that the applicant got prepared the certificate of education showing her date of birth as 27.05.1966; whereas, her actual date of birth is 27.05.1963.

The Investigating Officer, after completion of investigation, submitted charge-sheet against the applicant for the offences punishable under Sections 420, 467, 468, 471 IPC and Section 12 of Passport Act. Learned Magistrate took cognizance in the matter and summoned the applicant vide order dated 13.07.2012 to face the trial under Sections 420, 467, 468, 471 IPC and Section 12 of Passport Act.

Heard learned counsel for the parties.

Learned counsel for the applicant would submit that there is no evidence collected by the Investigating Officer that the applicant has ever procured any false document. Without collecting the material evidence in the matter, the Investigating Officer submitted the charge sheet. He would further submit that the learned Magistrate has taken cognizance under Section 12 of the Passport Act, 1967. He would submit that to launch any proceedings for an offence under Section 12 of the Passport Act, the previous sanction of Central Government is necessary. He would submit that no such previous sanction of Central Government has been obtained by the Investigating Officer, thus, the proceedings initiated against the applicant under Section 12 of the Passport Act is vitiated. Section 15 of the Passport Act is extracted hereunder:

"15. Previous sanction of Central Government necessary.- No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central Government or such officer or authority as may be authorized by that Government by order in writing in this behalf."

Having considered the submission of the learned counsel for the parties and perusal of the record would reveal that prima facie no case of fabricating document and cheating is made out against the applicant. Further, no prior permission has been sought from the Central Government to initiate proceedings against the applicant.

Since the previous sanction of Central Government, which is necessary in view of Section 15 of the Passport Act, 1967, has not been obtained therefore, the proceedings of Criminal Case No. 1390 of 2012 and the cognizance taken by the Magistrate concerned vide order dated 13.07.2012 under Section 12 of the Passport Act is vitiated, as no prima facie case is made out against the applicant for the offences punishable under Sections 420, 467, 468, 471 IPC and Section 12 of the Passport Act.

In view of the fact that there is no chance of conviction in the matter and ultimately the result of the case would turn into acquittal of the applicant therefore, the continuation of the criminal proceedings against the applicant would be a futile exercise.

Accordingly, the criminal miscellaneous application is allowed and the impugned charge-sheet dated 10.06.2012; cognizance order dated 13.07.2012 alongwith entire proceedings of Criminal Case No. 1390 of 2012, pending in the court of learned Chief Judicial Magistrate, Dehradun, District Dehradun are hereby quashed.