Prosecution could start only after obtaining sanction from the Central Government or authorized authority, and that investigation could be conducted without such sanction.

JUDGMENT :

Amol Rattan Singh, J.

1. By this petition, the petitioner seeks quashing of FIR no.268 dated 02.09.2016, registered at Police Station Navi Baradari, District Jalandhar City, alleging therein the commission of an offence punishable under Section 12 (1) (b) of The Passports Act, 1967 (hereinafter to be referred to as the Act). He also seeks quashing of the subsequent proceedings arising from the report submitted to the Magistrate under Section 173 of the Cr.P.C., on 24.07.2017, as also the order passed by the learned Judicial Magistrate Ist Class, Jalandhar, dated 26.02.2019 (copy Annexure P-5). The allegation in the FIR (copy Annexure P-1), registered at the instance of respondent no.2 herein, is that the petitioners' passport, bearing no.3101293, had been got issued by concealing facts from the Regional Passport Authority, Chandigarh.

The complainant is the wife of the petitioner.

As per the complainant, her marriage was solemnized with the petitioner at Ludhiana on 28.11.2011, as per Hindu rites, after which they lived and cohabited together at Jalandhar, but with no child born of the said marriage.

The FIR further contains allegations of mis-treatment of the complainant at the hands of the petitioner and his family, in respect of which another FIR was lodged, alleging therein the commission of offences punishable under Sections 406/498-A of the IPC, with it also stated that the petitioner had earlier instituted a petition under Section 9 of the Hindu Marriage Act, 1955, allegedly giving therein the wrong address of the complainant, to try and obtain an ex parte decree against her, which petition was however subsequently withdrawn, and instead a petition under Section 13 of the said Act was instituted by him.

Further allegations have also been made in the 'present FIR', with regard to the ill-treatment meted out to respondent no.2 by the petitioner and his family.

2. As regards the main allegation in the FIR in question presently, it is stated that the petitioner had applied for a passport by furnishing false information and had been granted such passport on 07.09.2015, valid upto 06.09.2025, and had in fact visited foreign countries many a time on the strength of that passport, the concealment in his application form being that he had not disclosed that he was married to the complainant, and had deliberately not added her name in the application, thereby showing himself to be a bachelor.

Hence, as per respondent no.2, the provisions of the Passport Act, 1967 had been violated, and a criminal case therefore was required to be registered against the petitioner.

3. Upon the matter having been investigated by the police, a report under Section 173 of the Cr.P.C. came to be filed before the competent court, stating therein that as per written information received from the office of the Regional Passport Office, Jalandhar, the passport presently held by the petitioner was issued from that office, "against his old passport no.F-7522329 dated 09.05.2006".

The said report (copy Annexure P-2) further states that upon the matter having been investigated from all respects, it was found that the petitioner had actually concealed the factum of his marriage to the complainant, i.e. respondent no.2, at the time that he had sought renewal of his old passport and consequently, an offence punishable under Section 12 (1) (b) of the Act, was made out.

4. Upon the said report having been submitted, the learned Judicial Magistrate Ist Class, Jalandhar, vide her order dated 02.12.2017, first noticed the provision contained in Section 15 of the Act, to the effect that no prosecution shall be instituted against any person in respect of any offence punishable under the Act without the previous sanction of the Central Government or other authority as may be so authorised, with the contention of the counsel for the petitioner before that court being that no sanction having been obtained, cognizance under the said offence could not be taken. However, as