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2008 Supreme(Kar) 308

SUBHASH B.ADI
Zehra Roopa Menon – Appellant
Versus
State of Karnataka – Respondent


Advocates appearing for:
Petitioners: M/s. Vaishnavi Law Associates, Advs.
Respondents: Sri Honnappa, HCGP.

ORDER

This revision petition is directed against the order passed by the Fast Track Court dated 11.5.2006 in Crl. R.P.No. 89/05 reversing the order passed by the learned Magistrate dated 14.2.2005 in C.C. No. 27/04.

2. The Metagalli police charge sheeted the accused for an offence punishable under Sections 3 and 7 of the Foreigners’ Act and also Section 420 of IPC. The case of the prosecution is that as per the provisions of Foreigners’ Act, foreigner is under the obligation to maintain certain documents and produce it before such person as prescribed.

3. It is found that from 12.1.1994 the accused has been residing in India without necessary permission. On 16.6.1998, the accused was directed to produce the necessary documents. When the authority got the information that the accused has falsely got created Indian passport with an intention to de-fraud the authority, the authority on coming to know of the same it made enquiries and found that the accused has obtained Indian passport by giving false information. It is also alleged that the accused had obtained the Iranian passport and overstayed in India by claiming that she is an Indian citizen. The Hyderabad authority which came to


















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