Sasi Kumar Vs. State of Kerala

Sasi Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 07, 2013

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https://sooperkanoon.com/case/1097195

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Citation: sooperkanoon.com/1097195
Court: Kerala High Court
Judge: Honourable Mr.Justice Harun-Ul-Rashid
Decided On: Nov 07, 2013
Subject: FERA

Case Summary

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

FERA

Key legal issue: FERA

Parties & Advocates

Appellant / Petitioner

Sasi Kumar

Respondent

State of Kerala

Excerpt

.....crl.m.c. no. 4535 of 2013 -------------------------- dated this the 5th day of november 2013. order petitioner is the accused in crime no. 1381/2013 of nedumbassery airport police station. the offence alleged are punishable under sections 468, 471 of ipc read with section 12 (1) (a) (b) of the passports act, 1967. annexure a1 is the copy of the fir in crime no.1381/2013. the allegation levelled against the petitioner is that he had changed the date of birth in his passport from 15.5.1970 to 15.5.1975 and thereby he had committed the offences alleged. petitioner has produced copy of the present passport as annexure a2. annexure a3 is the copy of the election i.d. card of the petitioner. annexure a4 is the copy of the birth certificate issued by the government of tamil nadu. annexures a2, a3 & a4 shows that the date of birth of the petitioner is 15.5.1975. it is submitted that the date of birth of the petitioner was inadvertently mentioned as 15.5.1970 in the pride data which forms the basis of annexure -a1 fir. the letter issued by the inspector of police, immigration wing, nedumbassery cial to the station house officer, nedumbassery airport police station, copy of which is produced as annexure a5. crl.m.c. no.4535/2013 :2. : annexure a6 is the copy of the request issued by the attache (consular) dated 1.10.2013 to nic support centre is marked as annexure a6. in annexure a6 communication attache has informed the nic support centre, mea, cpv division, new delhi that the petitioner's date of birth is 15.5.1975 but due to some technical fault, inadvertently his date of birth is mentioned as 15.5.1970 in the pride data which is incorrect. attache also attached copies of his present as well as old passports for reference. the materials discussed above would show that due to some technical fault, inadvertently petitioner's date of birth is mentioned as 15.5.1970 in the pride data. since the mistake is noticed, there is no necessity to prosecute the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID TUESDAY, THE5H DAY OF NOVEMBER201314TH KARTHIKA, 1935 Crl.MC.No. 4535 of 2013 () ------------------------------------ CRIME NO. 1381/2013 OF NEDUMBASSERY POLICE STATION , ERNAKULAM DISTRICT. ..... PETITIONER(S)/ACCUSED: ------------------------------------------ SASI KUMAR, AGED38YEARS S/O.KUMARA SWAMY DEVANNAN, MAHADEVAPURAM STREET, METTUPALAYAM, COIMBATORE, TAMIL NADU. BY ADVS.SRI.C.D.JOHNY SMT.MEREENA JOSEPH RESPONDEN/COMPLAINANT(S) ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM ON BEHALF OF STATION HOUSE OFFICER NEDUMBASSERY AIRPORT POLICE STATION, NEDUMBASSERY. *ADDL.R2 TO R3 IMPLEADED.

2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI.

3. THE ATTACHE (CONSULAR) HIGH COMMISSION OF INDIA, KUALA LUMPUR, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI.

4. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, CHENNAI. ADDL.R2 TO R4 ARE IMPLEADED AS PER ORDER

DTD. 25/10/2013 IN CRL.MA. 8524/2013 IN CRL.MC. 4535/2013. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 & R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0511-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Crl.MC.No. 4535 of 2013 () ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-A1: CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1381/2013 OF NEDUMBASSERY AIRPORT POLICE STATION, ERNAKULAM. DISTRICT. ANNEXURE-A2: TRUE COPY OF THE PASSPORT ISSUED TO THE PETITIONER. ANNEXURE-A3: TRUE COPY OF THE ELECTION I.D CARD OF THE PETITIONER. ANNEXURE-A4: TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER BY THE GOVERNMENT OF TAMIL NADU DATED410.2013. ANNEXURE-A5: TRUE COPY OF THE LETTER ISSUED BY THE INSPECTOR OF POLICE, IMMIGRATION WING NEDUMBASSERY CIAL TO THE STATION HOUSE OFFICER, NEDUMBASSERY AIRPORT POLICE STATION DATED239.2013. ANNEXURE-A6: TRUE COPY OF THE REQUISITION ISSUED BY THE ATTACHE (CONSULAR) DATED110.2013 TO NIC SUPPORT CENTRE. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J.

--------------------------- Crl.M.C. No. 4535 of 2013 -------------------------- Dated this the 5th day of November 2013. ORDER

Petitioner is the accused in Crime No. 1381/2013 of Nedumbassery Airport Police Station. The offence alleged are punishable under Sections 468, 471 of IPC read with Section 12 (1) (a) (b) of the Passports Act, 1967. Annexure A1 is the copy of the FIR in Crime No.1381/2013. The allegation levelled against the petitioner is that he had changed the date of birth in his passport from 15.5.1970 to 15.5.1975 and thereby he had committed the offences alleged. Petitioner has produced copy of the present passport as Annexure A2. Annexure A3 is the copy of the Election I.D. Card of the petitioner. Annexure A4 is the copy of the Birth Certificate issued by the Government of Tamil Nadu. Annexures A2, A3 & A4 shows that the date of birth of the petitioner is 15.5.1975. It is submitted that the date of birth of the petitioner was inadvertently mentioned as 15.5.1970 in the PRIDE DATA which forms the basis of Annexure -A1 FIR. The letter issued by the Inspector of Police, Immigration Wing, Nedumbassery CIAL to the Station House Officer, Nedumbassery Airport Police Station, copy of which is produced as Annexure A5. Crl.M.C. No.4535/2013 :

2. : Annexure A6 is the copy of the request issued by the ATTACHE (Consular) dated 1.10.2013 to NIC Support Centre is marked as Annexure A6. In Annexure A6 communication ATTACHE has informed the NIC Support Centre, MEA, CPV Division, New Delhi that the petitioner's date of birth is 15.5.1975 but due to some technical fault, inadvertently his date of birth is mentioned as 15.5.1970 in the PRIDE data which is incorrect. ATTACHE also attached copies of his present as well as old passports for reference. The materials discussed above would show that due to some technical fault, inadvertently petitioner's date of birth is mentioned as 15.5.1970 in the PRIDE data. Since the mistake is noticed, there is no necessity to prosecute the petitioner for the offence alleged in the FIR. In the result, the Crl.M.C is allowed. Annexure A1 FIR in Crime No.1381/2013 of Nedumbassery Airport Police Station and further proceedings thereto are quashed. Sd/- HARUN-UL-RASHID, Judge. AL/- True copy P.A to Judge

Same Court & Year Kerala · 2013 Same Parties Sasi Kumar vs State of Kerala Same Subject FERA Same Judge Honourable Mr.Justice Harun-Ul-Rashid