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2015 Supreme(Ker) 529

ALEXANDER THOMAS
Mohammed Hussain Pangadan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant: P. Venugopal and T.J. Maria Goretti
For the Respondent: Tom Jose Padinjarekkara, Addl. Director General of Prosecution and Shibu Joseph, Public Prosecutor

Order

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






































































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