IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
CRL.MC NO. 4909 OF 2013
CRMP 9002/2012 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR PETITIONER/S:
JERRY PAUL
S/O.PAUL,ALAPPAT THEKKETHALA
HOUSE,PARAPPUKKARA.P.O,THRISSUR.
BY ADVS.
SRI.P.SANTHOSH (PODUVAL)
SMT.R.RAJITHA
RESPONDENT/S:
1 DR.CHACKO THOPPIL
M/S.THOPPIL INSTITUTE FOR SCIENCE &
TECHNOLOGY,CORPORATIVE BUILDING,FATHIMA NAGAR
COLLEGE ROAD,THRISSUR-5.
2 THE SUB INSPECTOR OF POLICE
THRISSUR TOWN EAST POLICE STATION,THRISSUR.
3 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT
OF KERALA,ERNAKULAM-682031.
4 THE SECRETARY
CONSULAR PASSPORT AND VISA DIVISION, MINISTRY OF
EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI
PIN-101001
5 THE REGIONAL PASSPORT OFFICER
PANAMPILLY NAGAR, ERNAKULAM-682036
BY ADVS.
PUBLIC PROSECUTOR
SRI.SUVIN R.MENON, CGC
SRI.P.PARAMESWARAN NAIRASG OF INDIA
PUBLIC PROSECUTOR
OTHER PRESENT:
DSGI S.MANU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
1
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ORDER
Dated this the 13thday of June, 2023 Petitioner is the de facto complainant in Crime No.2282 of 2012 registered at the Town East Police Station, Thrissur alleging commission of offences under Sections 420, 120 B and 406 of IPC and Section 12(c) of the Passport Act, 1969. In his complaint, the petitioner had alleged that he had entrusted his passport and paid money to the first respondent for the purpose of securing a job Visa. To the petitioner's dismay, he later came to know that the passport was seized by the Malaysian Police by reason of forgery committed by a Malaysian agency in connection with the processing of Visa papers. The police, after investigation, filed a refer report stating that the first respondent was having licence to conduct a manpower recruiting agency and had acted in good faith. The police also found that
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the petitioner's passport was sent to the agency in Malaysia based on an agreement entered with the first respondent. Later, the Visas received from that agency were found to be fake and the first respondent lodged a complaint before the Malaysian police. This resulted in the passport sent by the first respondent being seized and returned to the respective Passport Offices, through the Indian Embassy. Further, the first respondent had refunded an amount of Rs.5,500/- received from the petitioner towards processing charges and the petitioner had also filed a consumer case, which was subsequently settled. Aggrieved by the refer report, a petition was preferred under Section 173(8) of Cr.P.C, seeking further investigation in the matter. That petition having been dismissed by Annexure B order, the Crl.M.C is filed.
2. Learned Counsel for the petitioner
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contended that the finding of the police that the passport was sent to the Malaysian agency by the first respondent, based on an agreement entered between the parties, cannot be accepted since the passport was sent without petitioner's knowledge or consent. The said aspect was omitted to be investigated by the police and hence, the matter needs further investigation.
3. Learned Public Prosecutor submitted that all aspects, including the reason for sending the passport to an agency in Malaysia, was investigated and it was found that the passports were sent pursuant to an agreement. The police also found that the forgery was committed by the Malaysian agency and the first respondent had nothing to do with.
Although I find some merit in the contention urged by the learned counsel for the petitioner, considering the efflux of time, refund of the
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processing fees paid by the petitioner and settlement of the consumer dispute raised by the petitioner, no order is required to be passed in this Crl.M.C. The Crl.M.C is hence closed. Sd/-
V.G.ARUN
JUDGE
Scl/
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APPENDIX OF CRL.MC 4909/2013
PETITIONER ANNEXURES
ANNEXURE-A TRUE COPY OF THE COMPLAINT
FILED BY THE PETITIONER BEFORE THE
CHIEF JUDICIAL MAGISTRATE
COURT,THRISSUR
ANNEXURE-B TRUE COPY OF THE LETTER
DATED 3/7/2010 ISSUED BY CONSULAR
GENERAL OF INDIA,JUDDAH SOUDI ARABIA.
ANNEXURE-C TRUE COPY OF CRL.MP 9002/12
BEFORE THE CHIEF JUDICIAL MAGISTRATE
COURT,THRISSUR
ANNEXURE-D CERTIFIED COPY OF THE ORDER DTD.18/4/2013 CRL.M.P.9002/12 OF CHIEF
JUDICIAL MAGISTRATE COURT,THRISSUR.
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