Siva v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025
CORAM
THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN and Crl.M.P.(MD)No.831 of 2025 Siva ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Inspector of Police, Airport Police Station, Trichy City (In Crime No 434 of 2023).
2. Navin Kumar ... Respondents Prayer: Petition filed under Section 528 BNSS, 2023 and Section 482 Cr.P.C., to call for the records relating to the Crime No. 434/2023 on the file of the 1st respondent police, dated 08.05.2023 and quash the same. For Petitioner : Mr.R.Azhagesh For R1 : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
This Petition has been filed to quash the F.I.R in Crime No.434 of 2023 on the file of the first respondent police.
2. The crux of the case is that the second respondent/defacto complainant gave a complaint before the first respondent police stating that on 07.05.2023 at 22.00 hours, at Tiruchirappalli Airport, the petitioner holding Passport bearing No.W8271802 and seeking immigration clearance in the immigration counter, manned by Balraaj. At that time, the petitioner claimed that his original name is Subramani, S/o.Govindan and initially, he had fraudulently obtained passport in the name of Siva, S/o.Murugan and subsequently renewed with the current passport, through which, he intended to travel to Singapore. Based on the same a case was registered in Crime No.434 of 2023 on 08.05.2023 for the offence under Sections 467, 468, 471 IPC and 12(1)(g) of Passport Act, 1967.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. Perused the materials available on record.
4. On perusal of the records, this Court is satisfied that the ingredients of the offence are prima-facie made out and the same is required to be investigated by the police. Further, the Hon'ble Supreme
Court in ● Gimpex (P) Ltd. v. Manoj Goel reported in 2022 (11) SCC 705 :: 2021 SCC Online SC 925, ● Amish Devgan v. Union of India, reported in (2021) 1 SCC 1 : (2021) 1 SCC (Cri) 247 :: 2020 SCC OnLine SC 994, ● H.P. Cricket Assn. v. State of H.P., reported in (2020) 18 SCC 465 : (2021) 3 SCC (Cri) 555 : 2018 SCC OnLine SC 2419, ● Rajeev Kourav v. Baisahab, reported in (2020) 3 SCC 317 : (2020) 2 SCC (Cri) 51 : 2020 SCC OnLine SC 168, ● Saranya v.
manner of doubt. Hence, this Court finds no reason to interfere with the grounds made in the petition.
5.Accordingly, this Criminal Original Petition is dismissed. The respondent Police is directed to file final report in Cr.No.434 of 2023 before the concerned Court within a period of six (6) months from the date of receipt of copy of this order. The petitioner is at liberty to file a petition for quash, after filing of final report, if so advised. Consequently, connected Miscellaneous Petition is closed.
Index : Yes / No Internet : Yes / No 27.01.2025 NCC : Yes / No PNM
To 1.The the Inspector of Police, Airport Police Station, Trichy City (In Crime No 434 of 2023).
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
K.K.RAMAKRISHNAN,J., PNM
ORDER
Crl.O.P.(MD).No.1212 of 2025 and Crl.M.P.(MD)No.831 of 2025 27.01.2025