1. The petitioner was arrested on 2-10-74 while he was in the Chokli bazaar for violation of S.14 of the Foreigners Act read with R.3 of the Indian Passport Rules. In due course a charge-sheet was filed against him in the Court of the Additional First Class Magistrate (Judicial), Tellicherry and the case was registered as C. C. 312 of 1975 The petitioner pleaded not guilty. While the above case was pending, apprehending that he would be deported from the country, the petitioner filed O. P. 6084 of 1975 before this court and obtained an interim injunction restraining the State from arresting, detaining or deporting the petitioner in pursuance of the steps taken against him in the Foreigners Act. The present petition is filed by the petitioner to quash the proceedings in C. C. 312 of 1975 and to direct the Additional First Class Magistrate (Judicial), Tellicherry to discharge the petitioner.

2. The case put forward by the petitioner is that he was residing in India on 26th January, 1950 when the Constitution of India came into force and that by virtue of Art.5 of the Constitution, he is a citizen of India. He was forced to accept a Pakistani passport under certain compelli