IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9441/2016 BETWEEN:
SHARANKUMAR S/O. H. BASAVARAJ AGED ABOUT 25 YEARS R/AT NO.3, 4TH CROSS K.P. AGRAHARA MAGADI ROAD BANGALORE-560 023. ... PETITIONER (BY SRI K.V. SATEESH CHANDRA K.V., ADV.) AND:
1. SUDHI CHOUDHARY DEPUTY PASS PORT OFFICER REGIONAL PASSPORT OFFICE 80 FEET ROAD, KORAMANGALA 8TH BLOCK BANGALORE-560 095.
2. STATE OF KARNATAKA KORAMANGALA POLICE STATION KORAMANGALA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT PREMISES HIGH COURT BANGALORE-560 001. ... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA, SPP II FOR R2 R1 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENT POLICE I.E., KORAMANGALA POLICE STATION IN CR. NO.582/2015 IN C.C.NO.29612/2015 FOR THE OFFENCES P/U/S 468, 420, 471 OF IPC READ WITH SECTION 12B OF PASSPORT ACT BEFORE THE XLV A.C.M.M., BENGALURU BY ALLOWING THE ABOVE PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In this petition filed under Section 482 of Code of Criminal Procedure, the petitioner has sought to quash the charge sheet laid in C.C.No.29612/2015 for the offences punishable under Sections 468, 420 and 471 of Indian Penal Code and Section 12(B) of Passport Act.
2. Heard learned counsel for petitioner and learned State Public Prosecutor-II appearing for respondent No.2.
3. The petitioner herein submitted an application to the passport office through M/s. Sanvee Solution. Along with the application, he submitted his SSLC Marks card, Aadhaar card, Voter I.D., Pan card and Birth Certificate issued by Kalaburagi Mahanagara Palike, Kalaburagi. In the certified copy of the Birth Extract issued by Kalaburagi Mahanagara Palike, Kalaburagi, the date of birth of the petitioner was shown as 03.04.1992, whereas in all other documents, his date of birth was shown as 03.04.1991. Hence, prosecution was launched against the petitioner on the ground that the petitioner herein knowingly has furnished false information to the passport authorities and that he has tampered with the certified copy issued by the Kalaburagi Mahanagara Palike, Kalaburagi.
4. Learned counsel for the petitioner submits that the extract of the Certificate of Birth produced before the Passport Authority was issued by the concerned officials of the Kalaburagi Mahanagara Palike, Kalaburagi. Petitioner had nothing to do in the issuance of the said certificate. Petitioner merely produced the said document before the Passport Authorities without verifying the same and there was no intention whatsoever either to cheat the Passport Authorities or to furnish any false information. In that regard, it is pointed out that even in the Birth Certificate issued by the Kalaburagi Mahanagara Palike, Kalaburagi, the date of birth of the petitioner is mentioned as 03.04.1991. It is only while issuing the certified copy thereof, the issuing authority had overwritten the date of birth as 03.04.1992. Further, he contends that the complainant himself has averred in the complaint that in view of the discrepancies noted by the Passport Authority, the petitioner was directed to produce fresh certified copy of the Birth Certificate issued by the Kalaburagi Mahanagara Palike, Kalaburagi and accordingly, he obtained fresh certificate wherein, the date of birth of the petitioner is mentioned as 03.04.1991. Therefore, there was no reason for the Passport Authorities to initiate action against the petitioner.
5. Learned State Public Prosecutor-II appearing for the respondent No.2 does not dispute the fact that in the original Birth Extract produced by the petitioner along with the application, the date of birth of the petitioner was overwritten as 03.04.1992 and in the subsequent certified copy produced by him on the direction of the Passport Authorities, the date of birth of the petitioner was shown as 03.04.1991.
6. In light of the above undisputed facts, it stands established that the overwriting was done by the official of Kalaburagi Mahanagara Palike, Kalaburagi, while issuing the certified copy of the Birth Extract without verifying the original documents. The petitioner appears to have produced the said document before the passport authorities without any intention either to furnish false information or to deceive the passport authorities. Further, it is also seen that the correct date of birth of the petitioner is 03.04.1991 and the petitioner also does not claim to have been born on 03.04.1992. Therefore, there was absolutely no basis for the prosecution of the petitioner for the alleged offences punishable under Sections 468, 420, and 417 of Indian Penal Code and Section 12(B) of Passport Act.
7. Hence, the petition is allowed. The charge sheet laid in C.C.No.29612/2015 against the petitioner for the offences punishable under Sections 468, 420 and 471 of Indian Penal Code and Section 12(B) of Passport Act and consequent proceedings arising therefrom are hereby quashed.
Sd/- JUDGE ST