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Safia Vs. State of Kerala

Safia vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2013
~2 min read
https://sooperkanoon.com/case/1014464

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Safia

Respondent

State of Kerala

Excerpt

.....annexure a1 certified copy of the f i.r 1519/2012 of the nedumbassery airport police station, dated 27 11-2012 annexure a2 true copy of the order dated 10 12-2012 in crl m.c. 2512/2012 of the sessions court, ernakulam. respondent's annexures:- nil. //true copy// p.a. to judge rs. t.r. ramachandran nair, j.~~~~~~~~~~~~~~~~~~~~~~~~~~~ crl.m.c.no.683/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~~ dated this the 31st day of january, 2013 order the petitioner is seeking to quash the first information report no.1519/2012 of nedumbassery airport police station. the offences alleged are under sections 468 and 471 of the indian penal code and sections 12(1)(b)(d) of the indian passports act, 1967. the allegations against the petitioner are that she made a correction of her date of birth and created a forged passport and using the same she came from kuwait to nedumbassery airport. annexure-1 is the certified copy of the first information report.2. learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and was not aware of the correction made in the date of birth in her passport and she has not knowingly furnished any false information. now the petitioner has been granted bail as per order annexure-a2.3. the prayer is to quash the first information report as well as for a direction to release the passport. it is too premature for this court to quash the f.i.r since the investigation is only pending. without prejudice to the right of the petitioner to move the appropriate court at the right time, this criminal miscellaneous case is dismissed. sd/- (t.r. ramachandran nair, judge.) ms

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST DAY OF JANUARY 2013 11TH MAGHA 193 Crl.MC.No. 683 of 2013 () ------------------------- CRIME NO. 1519/2012 OF NEDUMBASSERY POLICE STATION , ERNAKULAM. ................ PETITIONER/ACCUSED: ---------------------------------- SAFIA, AGED 5 YEARS, W/O. MOHAMMED AHAMMED, H. NO.3/73, ARACKAL VEETTIL, NELLUKADAVU ERAVELI, FORT KOCHI, ERNAKULAM. BY ADVS. SRI.A.X.VARGHESE, SRI.A.V.JOJO. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEDUMBASSERY AIRPORT POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM”

031. BY PUBLIC PROSECUTOR MR.T. RAMAPRASAD UNNI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 683 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 CERTIFIED COPY OF THE F I.R 1519/2012 OF THE NEDUMBASSERY AIRPORT POLICE STATION, DATED 27 11-2012 ANNEXURE A2 TRUE COPY OF THE ORDER DATED 10 12-2012 IN CRL M.C. 2512/2012 OF THE SESSIONS COURT, ERNAKULAM. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~ Crl.M.C.No.683/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31st day of January, 2013 ORDER

The petitioner is seeking to quash the First Information Report No.1519/2012 of Nedumbassery Airport Police Station. The offences alleged are under Sections 468 and 471 of the Indian Penal Code and Sections 12(1)(b)(d) of the Indian Passports Act, 1967. The allegations against the petitioner are that she made a correction of her date of birth and created a forged passport and using the same she came from Kuwait to Nedumbassery Airport. Annexure-1 is the certified copy of the First Information Report.

2. Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and was not aware of the correction made in the date of birth in her passport and she has not knowingly furnished any false information. Now the petitioner has been granted bail as per order Annexure-A2.

3. The prayer is to quash the First Information Report as well as for a direction to release the passport. It is too premature for this Court to quash the F.I.R since the investigation is only pending. Without prejudice to the right of the petitioner to move the appropriate court at the right time, this criminal miscellaneous case is dismissed. Sd/- (T.R. Ramachandran Nair, Judge.) ms

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