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2018 Supreme(Ker) 924

ANNIE JOHN
SHEREEF, S/O. MOHAMMED BASHEER – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – Respondent


Advocates Appeared:
For the Petitioner: SRI. SREEKANTH S. NAIR, SRI. M. ABDUL RASHEED.
For the Respondents: PUBLIC PROSECUTOR SMT. K.K. SHEEBA, SRI. N. NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA, SRI. P. PARAMESWARAN NAIR, ASSISTANT SOLICITOR GENERAL OF INDIA.

ORDER :

The petitioner is the first accused in Crime No.723/2012 of Palode Police Station registered under Sections 419, 465, 468, 471, 474 & 34 of the Indian Penal Code r/w.10(3)(b), 12(b) of Indian Passport Act, pending as C.C.No.911/2012 on the files of the Judicial First Class Magistrate Forest Offence Court, Nedumangad.

2. The allegation against the petitioner is that in the year 1999, when he was 17 years of age, he obtained a passport by submitting forged document. There is no evidence to prove the alleged case. The petitioner was neither arrested for the alleged use of passport nor the same was recovered from the petitioner. The alleged passport was issued in the name of another person i.e. to one Shanavas Muhammed, S/o. Muhammed Basheer. Annexure-A1 is the certified copy of C.C.No.911/2012 of the Judicial First Class Magistrate Forest Offence Court, Nedumangad.

3. The allegation is that in the year 1999, when the petitioner was 17 years of age, he used his brother's school certificate and affixed his photograph in the application and had committed impersonation, obtained a passport, further used it and went abroad and obtained a job. The case was registered in the year 2012 w


















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