Man Accused Of Holding Two Passports Gets Case Quashed By Karnataka HC For Missing Passport Act Sanction, But Prosecution May Resume Once It Is Obtained

Respondent No. 2 complained that the petitioner had obtained two Indian passports: one issued on 9 July 2013, valid until 8 July 2023, and another issued on 8 January 2015, valid until 7 January 2025.

Police registered a case, later transferred it to Bharathi Nagar Police Station, and filed a charge-sheet alleging offences under Sections 419 and 420 of the IPC and Section 12(1)(b) of the Passports Act, 1967.

The petitioner sought to quash the proceedings, principally arguing that prosecution under the Passports Act required prior sanction under Section 15, which had not been obtained.

He also disputed that the IPC offences were made out

Whether proceedings for an offence under Section 12(1)(b) of the Passports Act could continue without the prior sanction required by Section 15

Whether the charge-sheet materials established the ingredients of Sections 419 and 420 of the IPC

The Court did not decide this issue on the merits

Section 15 of the Passports Act, 1967 bars institution of a prosecution for an offence under that Act without prior sanction of the Central Government or an officer or authority authorised by it in writing.

The Court noted that the Central Government had delegated the relevant power to the State Government by notification dated 1 December 1979

The alleged offences were under Sections 419 and 420 of the IPC and Section 12(1)(b) of the Passports Act

No precedent was cited.

The complaint’s central allegation—that the petitioner possessed two Indian passports at the same time—led police to invoke Section 12(1)(b) of the Passports Act.

The Court held that the required sanction had not been obtained from the competent authority before the charge-sheet was filed.

In the absence of that sanction, the order taking cognizance could not be sustained.

The Court therefore quashed the proceedings on that ground alone, without deciding whether the IPC offences were made out

It left the prosecution at liberty to proceed after obtaining the necessary sanction in accordance with law and permitted the petitioner to apply to the Trial Court for release of his passport