Judgment

AYYANGAR, J. : (With him B. P. Sinha C.J.I., Mudholkar and Venkatarama Aiyar JJ.) This is an appeal by special leave against the judgment and order of the High Court of Allahabad by which it allowed a petition under S. 491 of the Criminal Procedure Code filed on behalf of the respondents.

2. We shall now narrate the facts which are not in dispute. The two respondents, who are husband and wife, were in Pakistan in March 1955. While there, they obtained a Pakistani passport on September 6, 1955, and obtained from the Deputy Indian High Commissioner on September 17, 1955 a visa to enter India which they did on September 22, 1955. The visa granted to them was of the C category i.e., for temporary stay, which permitted them to remain in India till December 16, 1955. By repeated applications they had the terms of the visa extended and continued to stay in India, on August 10, 1957 they applied for their registration as Indian citizens but the application was rejected on October 18, 1957. Thereupon they moved the High Court by a petition under Art. 226 of the Constitution to have this order of the rejection of their application set aside but the petition was dismissed in April, 1