Alexander Thomas, J.

1. The petitioner is the accused in the impugned Annexure-B FIR in Crime No. 119/2012 of Wandoor Police Station for alleged offence punishable under Section 12(1)(b) of the Passport Act, 1967. The gist of the allegations against the petitioner in the instant crime is that the petitioner during the currency of a passport obtained by him in the year 1990 had obtained yet another passport vide No. V 594787 by furnishing false address and date of birth and later on, renewed the same and thus committed offence under Section 12(1)(b) of the Passport Act, 1967. It is common ground that the offence under Section 12(1)(b) of the Passport Act is a non-cognizable offence as envisaged in the Code of Criminal Procedure. After the registration of Annexure-B Crime and during the pendency of the investigation it is seen that the Investigating Officer concerned had subsequently added the offence under Sections 420, 465,468 and 471 of the IPC apart from the original offence under Section 12(1)(b) of the Indian Passport Act in the aforementioned Crime No. 119/2012 of Wandoor Police Station, Malappuram District. The case of the petitioner is that the petitioner was in fact in possession of two passports simultaneously and had surrendered both the passports before the Consulate General of India at Jeddah and applied for re-issue of passport. That the Consulate General of India at Jeddah, Saudi Arabia, being a competent Court of passport authority as envisaged under the Passport Act, 1967 and after following statutory procedure imposing a fine of Saudi Riyal of 475/-(equivalent to Indian Rupee Rs. 5,000/-) and other charges as provided under Section 12(1)(b) of the Passport Act and on remittance of the same issued a new passport to the petitioner. The petitioner contends that on remittance of the aforementioned fine, the Consulate General of India at Jeddah, Saudi Arabia issued new passport to him numbered as K8726745 on 01/12/2012 after receiving the fine amount in that regard and the passport was valid till 30/11/2013 as borne out by Annexure-F that the competent officer at the Office of the Consulate General of India at Jeddah has issued a letter dated 10/12/2012 addressed to the Director General of Passports, Passport Officer, Makkah Al Mukarrakah Region, Ministry of Interior, Jeddah intimating the issuance of passport under the provisions of Passport Act etc. as evident from Annexure-G produced on page 21 of the paper book which reads as follows:

"Emblem

CONSULATE GENERAL OF INDIA

TAHLIA ST. POST BOX NO. 952

JEDDAH 21421 (SAUDI ARABIA)

Tel. No. (966-2)6603779/6614027

Fax: 02-2840238

No. JED/C/405/71/2011 10/12/2012

To,

Directorate General of Passports,

Passport Office Makkah Al Mukarmmah Region,

Ministry of Interior,

Jeddah,

Kingdom of Saudi Arabia.

Dear Sir,

Mr. MOHAMMED HUSSAIN PANGADAN, S/o. Mr. Mohammed Pangadan, an Indian national has been issued a valid Indian Passport No. K8726745 on 01/12/2012 valid till 30/11/2013 by this Consulate and this Passport is valid for all purposes to pass freely without let or hindrance. This Passport has been issued in lieu of his previous Passport No. F4969414 which was carrying the name Hussain Chanhadan Mohammed and date of birth etc. incorrectly. The errors have been rectified after following due legal procedure by this Consulate. It is hereby certified that the Passport holder has been cleared to possess his current Passport with the approval of the competent authorities in Government of India and hence it is requested that the holder may be afforded every assistance and protection of which he may stand in need.

The Saudi authorities may please assist and cooperate in obtaining new resident permit as per the details of the present passport.

Yours faithfully,

sd/-

seal C.D. Jeyakumar

Vice Consul (Passport)

Consulate General of India.

Jeddah"

Later due to the problem that the petitioner faced in the police verification for re-issue of his passport, due to the pendency of the impugned Crime No. 119/201