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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
Arjun Madou Dugi, S/o Madou Dugi – Appellant
Versus
State Of Kerala – Respondent
ORDER :
V.G. ARUN, J.
The petitioner, a British citizen of Indian origin, is the accused in Crime No.1388 of 2024 registered at the Nedumbassery Police Station for offences punishable under Sections 465 and 471 of the Indian Penal Code , Sections 12(1) (b) and 12(1A) of the Passports Act, 1967 and Sections 14A(a) and (b) of the Foreigners Act, 1946 . The crime is registered on the allegation that the petitioner, a citizen of India and holder of an Indian passport, had surrendered his passport and procured a Portuguese Passport by submitting a forged Aadhar card and thereafter, obtained a British passport. The petitioner travelled to India with the Portuguese passport and attempted to return to the United Kingdom using his British passport on 24.12.2024. The Officers at the International Emigration Centre in the Cochin International Airport at Nedumbassery, found pages 17, 18, 19 and 20 missing from the petitioner’s passport and informed the police. Thereupon, the petitioner was arrested and later granted bail as per Annexure-2 order dated 30.12.2024, subject to the petitioner remaining in Kerala under the strict supervision of the Civil Authority within the meaning of Paragraph 11 of
The court affirmed that foreign citizens can be prosecuted under the Passports Act and Foreigners Act for violations related to passport validity and overstaying in India, regardless of their citizen....
The court clarified that valid entry negates the applicability of harsher penalties under section 14A of the Foreigners Act for overstaying.
The court clarified that only Section 14(b) of the Foreigners Act applies, as the petitioner entered India with a valid passport and visa, leading to the deletion of the improperly framed charge unde....
An FIR against a foreign national for overstaying a visa can be quashed if no violation of visa conditions occurred, emphasizing deportation over criminal prosecution.
The provisions of the Indian Passport Rules apply to all persons, including citizens; entry without a valid passport constitutes an offence.
Charges under the Foreigners Act and Passports Act are not sustained when valid visas and passports are presented without immigration stamps; the appropriate legal remedy is deportation instead of pr....
The fundamental right to travel abroad should not be deprived except by a just, fair, and reasonable procedure, as per the principles established by various judgments.
The central legal point established in the judgment is that the seizure of a passport must adhere to the prescribed procedures under the law, and individuals have a fundamental right to hold their pa....
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