The Karnataka High Court refused to quash a criminal case against a travel agent accused of passport fraud, including for an ATS-wanted person. The court cited national security concerns and stated disability is not a ground to terminate prosecution.
The Karnataka High Court has refused to quash criminal proceedings against a travel agent accused of facilitating fraudulent passport renewals, including for a person allegedly wanted by the Andhra Pradesh Anti-Terrorist Squad (ATS).
High Court Dismisses Agent's Plea
In a judgment delivered on June 18, Justice M. Nagaprasanna dismissed Criminal Petition No. 12734/2023, filed under Section 482 of the Code of Criminal Procedure (CrPC), in which the petitioner had sought quashing of the criminal case, claiming he was a bona fide travel agent and citing his physical disability.
National Security Concerns Cited
The High Court held that the petitioner could not avoid trial merely by asserting that he was a legitimate travel agent or on the ground of disability. It observed that the allegations against him were that he had allegedly used fabricated residential details in multiple passport applications, resulting in police verification and subsequent passport renewals.
The court noted that one of the passports was renewed for a person allegedly wanted by the Andhra Pradesh ATS. It observed that if the allegations were established during trial, they would go "beyond ordinary criminal misconduct" and relate to acts prejudicial to the security and sovereignty of the nation.
Justice Nagaprasanna distinguished between a travel agent performing lawful clerical work and one allegedly facilitating the use of fabricated credentials. The court held that whether the bench acted knowingly or negligently was a matter to be decided during trial and not at the stage of considering a petition for quashing proceedings.
The High Court further observed that disability or personal hardship could not be a ground to terminate criminal prosecution where the allegations concern national security.
Call for Accountability of All Involved
The judgment also referred to the role of a police constable who allegedly cleared verification for multiple passport applications based on false addresses. The court reminded the State to promptly consider granting sanction for prosecution of the official concerned.
"Any person, private citizen, intermediary or public servant who facilitates or negligently enables acts against national interest must be brought to book," the court noted.
Dismissing the petition, the High Court directed that the criminal trial shall proceed in accordance with law and clarified that its observations were confined to deciding the quashing petition and should not influence the trial court while deciding the case on merits.
The case underscores judicial emphasis on passport-related fraud, especially where alleged links to national security are involved.
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