M.N. Bhandari, J. - (1.) BY this petition, a prayer is made for quashing of proceedings arising out of FIR bearing No. 93/2008. It was registered in the year 2008.
(2.) LEARNED counsel submits that period of more than 7 years has already passed after registration of FIR. The charge sheet has already been filed but there is no progress in the case. The delay has not been caused by the petitioner. In view of above, proceedings in Criminal Case No. 127/2011 be quashed. Coming to the facts of the case, it is submitted that allegation against the petitioner is to furnish address of a house to get Passport where he never resided. The FIR is full of contradiction as reference of the address given therein does not exist in the Passport, thus on the face of it, it shows that without ascertaining correct position, the FIR was lodged, that too, at the instance of the Police. The Police had no access to know about the address given in the Passport, thus FIR suffers from malafide also. The petitioner had resided at the place which was mentioned in the Passport. He was having Ration Card on the same address which was issued in the year 2004, whereas Passport was issued in the year 2007. Before issuance of Passport, physical verification is made by the Police and thereafter it is issued. In view of above, FIR suffers from malafide, thus deserves to be quashed.
(3.) LEARNED Public Prosecutor opposed the petition.;