On 1.01.2011, the Thiroor police registered crime No.1/2011 against the petitioner herein under Sections 419, 468 & 471 of IPC and under Section 12(1)(b) of the Indian Passports Act on the allegation that in 2010 the petitioner obtained a passport by producing some false and forged documents. Annexure A1 is copy of the said FIR. This crime is sought to be quashed on the ground that the CBI had already registered a crime against the petitioner on the same set of facts, it was tried before the Chief Judicial Magistrate Court, Ernakulam as CC 42/2012 and the petitioner was sentenced on conviction in the said case. In short the petitioner seeks relief on the ground that there is already a conviction and sentence against him on the same set of facts. The learned Public Prosecutor now submits and concedes that crime No.1/2011 happened to be registered against the petitioner, without noticing the earlier proceedings. The Crl.M.C. No.1914 of 2014 2 learned Public Prosecutor also submits that in crime No. 1/2011 there are some other accused also. Of course if they were in fact parties to the alleged forgery, and they were omitted to be prosecuted by the CBI in the earlier proceeding crime 1/2011 can continue against them. But in view of Section 300 Cr.P.C. this crime as against the petitioner herein will have to be quashed. It will go against the constitutional guarantee. In the result this petition is allowed. The further proceeding in crime No.1/2011 of the Thiroor Police Station, as against the petitioner herein alone, will stand quashed under Section 482 Cr.P.C.
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P.UBAID, JUDGE lmp //TRUE COPY// P.A. TO JUDGE Crl.M.C. No.1914 of 2014 3