The inordinate delay in investigating a not-so-grave offence was a sufficient cause for quashing the proceedings.

1. Petitioner entered service in the police department as Sub Inspector in 1962. He was promoted as Circle Inspector in 1970. In 1976 he became Deputy Superintendent of Police. He was awarded senior grade in the cadre of Deputy Superintendent of Police in 1987. Against him a First Information Report was filed before the Chief Judicial Magistrate's Court Ernakulam, a copy of which is marked as Annexure-D. The F.I.R. dated 22-4-1983 makes mention of offence u/s.420 IPC and S.12(1)(b) of the Indian Passport Act, 1967, hereinafter referred to as 'the Act'. The case is being investigated by the Crime Branch C.I.D., Trivandrum as crime 216/CR/83. Even-after the lapse of more than six years, no final report has been filed before court. On account of the long pendency of this proceeding, petitioner alleges that his future prospects in service are doomed. He, therefore, prays for quashing the complaint on various grounds.

2. Learned Public Prosecutor seriously opposes this application. He made available to court the entire case diary relating to the case registered against the petitioner. The Superintendent of Police, Crime Branch C.I.D., Head Quarters, Trivandrum, has filed a counter affidavit opposing the petitioner's application. In the counter affidavit explanation is given for non-completion of the investigation till date. For a proper understanding of it, I read the same:

"The investigation has not been completed for various reasons. The investigation abroad may also necessary in this case to collect the details and duration of employment undertaken by the petitioner in Saudi Arabia for which sanction has been obtained from the State Government. Moreover, further formalities also have to be completed to proceed to a foreign country to pursue investigation by the officer authorised in this behalf. There is no delay in investigation as alleged by the petitioner."

According to the counter affidavit the investigation abroad was necessitated on account of the petitioner taking up employment in Jeddah. Prosecution would allege that petitioner went to Jeddah using the passport obtained from Bombay and took up employment there. He was not granted any permission to take up employment elsewhere. These activities, it is contended, will amount to cheating punishable under S.420 IPC.

3. The main offence alleged against the petitioner are those u/s.420 IPC and u/s.12(1)(b) of the Act. S.12(1)(b) of the Act states:

12(1) "Whoever--(a) xx xx xx

(b) Knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alter or attempts to alter or causes to alter the entries made in a passport or travel document; or

(c) xx xx xx

(d) xx xx xx

(e) xx xx xx

shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both."

This offence is alleged to have been committed by the petitioner on account of his having taken passport No.P.187495 on 3-5-1979 from the Passport Office, Bombay, before the expiry of the former Passport No:077015 dated 12-6-1978 issued from the Passport Office, Ernakulam. The passport issued from the Passport Office, Ernakulam, was valid up to 12-6-1979. During the validity of that passport, it is alleged, petitioner obtained another passport from the Passport Office, Bombay, on 3-5-1979. In the passport given from the Ernakulam Office, petitioner's name is written as PULIMOOTTIL KOSHY OOMMEN S/O. (late) P.M. Koshy. The visible distinguishing mark given in that passport is "scar on the nose". In the passport given by the Bombay Office the name of bearer is shown as OOMMEN KOSHY S/o. late Thampan having visible distinguishing mark of mole on neck. The passport issued by the Ernakulam office contains the signature of Pulimoottil Koshy Oommen below the photograph. That signature is having striking similarity with his signature in the Vakalath