Alvin Thankachan and Jisso Augustine v. State of Kerala and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 26[TH] DAY OF JULY 2024 / 4TH SRAVANA, 1946 CRL.MC NO. 5960 OF 2024 ``` ``` CRIME NO.0534/2024 OF NEDUMBASSERY POLICE STATION, ``` # **`ERNAKULAM`** ## **`PETITIONER/ACCUSED 1 AND 2 :`** - **`1 ALVIN THANKACHAN, AGED 26 YEARS S/O THANKACHAN AUGUSTINE, NEDUMKOMBIL H, PIZHAKU P.O, RAMAPURAM, KOTTAYAM, KERALA, PIN – 686 651.`** - **`2 JISSO AUGUSTINE, AGED 26 YEARS S/O AUGUSTINE JOSEPH, PULIYANIKATTUKOOTTAKALLIL H, RAMAPURAM BAZAR P.O, RAMAPURAM, KOTTAYAM, KERALA, PIN – 686 576. BY ADVS. RISHAB S. RIJO DOMY`** ## **`RESPONDENT/COMPLAINANTS:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.`** - **`2 STATION HOUSE OFFICER NEDUMBASSERY AIRPORT POLICE STATION, ERNAKULAM, PIN – 683 111.`** - **`3 SAHIL DEV RAINA CIAL IMMIGRATION OFFICER, COCHIN INTERNATIONAL AIRPORT LTD, NEDUMBASSERY, ERNAKULAM, PIN – 683 111. SMT.SREEJA V., PP`** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC 5960/2024 ``` ``` 2 ``` ## BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C.No.5960 of 2024 …................................................ Dated this the 26[th] day of July, 2024 ## ORDER Petitioners challenge the proceedings in FIR No.524/2024 of Nedumbassery Airport Police Station. 2. Petitioners are the accused in the above crime. While they were on their way to Malta via Qatar, the third respondent-the Immigration Officer of Cochin International Airport, restrained them, alleging that their documents of academic qualification, were forged. Those documents, along with passport and other travel documents were seized and thereafter produced before the second respondent. On the basis of the above information, the above referred crime was registered, for offences punishable under Sections 465 and 471 of the Indian Penal Code, 1860. 3. According to the First Information Report, petitioners are alleged to have attempted to travel abroad using forged nursing certificates of the Lourde Matha School of Nursing, Thodupuzha and attempted to cheat the Immigration Department and tried to travel to Malta via Qatar on ``` CRL.MC 5960/2024 ``` ``` 3 ``` - 16.05.2024; thereby committing the offences alleged. 4. Sri.Rishab S., the learned counsel, contended that the petitioners have been arrayed as accused without any basis and also that the documents seized from them are originals of the course in ‘Practical Nursing and Midwifery’ underwent by them at the Lourde Matha School at Thodupuzha. It was also submitted that, the crime registered against them have prejudiced their attempts to eke out a living abroad and also that if they do not travel to Malta and join their employment before 04.08.2024, they will loose the opportunity for employment. The learned counsel further submitted that the first information report was registered without any reason and without even having any cause for entertaining any doubt and is therefore vexatious. 5. Smt.Sreeja V., the learned Public Prosecutor, upon instructions, submitted that the Police conducted an investigation and found out that the documents possessed by the petitioners were obtained from the Lourde Matha School of Nursing, Thodupuzha; and that they are genuine and no forgery has taken place in that regard. It was also submitted that the said school of Nursing at Thodupuzha which was in existence till 2021 stopped functioning subsequently and also that the investigation ``` CRL.MC 5960/2024 ``` ``` 4 ``` has revealed that the first petitioner underwent the diploma training course in the academic year 2015-2017 while the second petitioner underwent the course during the academic year 2017-2019. It was further submitted that since the Proprietor of the training centre expired, they stopped the functioning of the Institution from the year 2021. It was also submitted that the original documents seized from the petitioners have been produced before the learned Jurisdictional Magistrate at Angamaly. 6. I have considered the afore submissions. Despite notice to the third respondent-Immigration Officer, served by Special Messenger, he has not chosen to appear. 7. Petitioners were halted at the immigration counter, and the third respondent-Immigration Officer gave information to the Police alleging forgery of the academic certificates of the petitioners. It is baffling to note that the third respondent entertained such a suspicion without any material as is evident from the first information report. The investigation conducted so far reveals that the academic documents possessed by the petitioners are genuine and not forged. In such circumstances, the information conveyed to the Station House Officer ``` CRL.MC 5960/2024 ``` ``` 5 ``` regarding the fake academic documents is baseless, thereby rendering the very registration of the crime itself as vexatious and frivolous. 8. In the decision in State of Haryana and others v. Bhajan Lal and others - (1992) Suppl 1 SCC 335, the Supreme Court has observed that if the uncontroverted allegations in the FIR do not make out any offence, or when the criminal proceedings are initiated vexatiously or frivolously or with mala fides, the inherent powers of this Court can be exercised. 9. It is evident from the investigation conducted so far that the documents possessed by the petitioners are not forged documents. Therefore, there is no chance of any conviction being imposed upon them, even if the case reaches the trial stage. This Court is satisfied that this is a fit case where the inherent powers of this Court ought to be exercised to quash the proceedings. 10. Accordingly, all proceedings in FIR No.534/2024 of Nedumbassery Police Station are hereby quashed. It is clarified that since the original documents seized from the petitioners have already been produced before the Judicial First Class Magistrate Court-I, Angamaly, petitioners are given the liberty to seek the return of the said documents. If any applications are filed, the learned Magistrate shall pass orders returning ``` CRL.MC 5960/2024 ``` ``` 6 ``` the documents to the person concerned, without undue delay, as expeditiously as possible, at any rate, within two days from the date of receipt of such applications. Crl.M.C.is allowed. sd/BECHU KURIAN THOMAS JUDGE AMV/26/07/2024 ``` CRL.MC 5960/2024 ``` ``` 7 ``` ## **`APPENDIX OF CRL.MC 5960/2024`** ``` PETITIONER ANNEXURES ANNEXURE A1THE TRUE COPY OF FIR NO. 524/2024 DATED 17.05.2024 REGISTERED AT NEDUMBASSERY AIRPORTPOLICESTATIONAGAINSTTHE PETITIONERS. ANNEXURE A2THE TRUE COPY OF PASSPORT OF 1ST PETITIONER BEARING PASSPORT NO. W3706868 DATED 17.08.2022 ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA. ``` ``` ANNEXURE A3THE TRUE COPY OF PASSPORT OF 1ST PETITIONER BEARING PASSPORT NO. X7213416 DATED 13.03.2023 ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA. ANNEXURE A4THE TRUE COPY OF FINAL EXAMINATION MARK SHEET DATED 13.06.2017 OF THE 1ST PETITIONER IN PRACTICAL NURSING AND MIDWIFERY ISSUED BY LOURDE MATHA SCHOOL OF NURSING. ANNEXURE A5THE TRUE COPY OF FINAL EXAMINATION MARK SHEET DATED 10.06.2019 OF THE 2ND PETITIONER IN PRACTICAL NURSING AND MIDWIFERY ISSUED BY LOURDE MATHA SCHOOL OF NURSING. ANNEXURE A6THE TRUE COPY OF COURSE COMPLETION CERTIFICATE DATED 13.06.2017 OF THE 1ST PETITIONER ISSUED BY THE DIRECTOR OF LOURDE MATHA SCHOOL OF NURSING. ANNEXURE A7THE TRUE COPY OF COURSE COMPLETION CERTIFICATE DATED 10.06.2019 OF THE 2ND PETITIONER ISSUED BY THE DIRECTOR OF LOURDE MATHA SCHOOL OF NURSING. ``` ``` ANNEXURE A8THE TRUE COPY OF EXPERIENCE CERTIFICATE DATED 27.04.2023 OF THE 1ST PETITIONER ISSUED BY THE MANAGING DIRECTOR, SKV HOME NURSING PRIVATE LIMITED. ``` ``` CRL.MC 5960/2024 ``` ``` 8 ``` ## **`ANNEXURE A9`** ``` THE TRUE COPY OF CONTRACT OF EMPLOYMENT DATED 12.10.2023 EXECUTED BETWEEN 1ST PETITIONER AND THE REPRESENTATIVE OF APEX COMMUNITY CARE LIMITED. ``` ``` ANNEXURE A10THE TRUE COPY OF CONTRACT OF EMPLOYMENT DATED 12.10.2023 EXECUTED BETWEEN 2ND PETITIONER AND THE REPRESENTATIVE OF APEX COMMUNITY CARE LIMITED. ``` ``` ANNEXURE A11THE TRUE COPY OF APPROVAL IN PRINCIPLE LETTER DATED 17.01.2024 IN THE NAME OF 1ST PETITIONER GRANTING RESIDENCE PERMIT FOR THE PURPOSE OF EMPLOYMENT IN MALTA WITH RESIDENCE CARD NO. 0429808A ISSUED BY GOVERNMENT AGENCY OF MALTA. ``` ``` ANNEXURE A12THE TRUE COPY OF APPROVAL IN PRINCIPLE LETTER DATED 17.01.2024 IN THE NAME OF 2ND PETITIONER GRANTING RESIDENCE PERMIT FOR THE PURPOSE OF EMPLOYMENT IN MALTA WITH RESIDENCE CARD NO. 0429813A ISSUED BY GOVERNMENT AGENCY OF MALTA. ```