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2009 Supreme(J&K) 369

SUNIL HALI
State Of J. &K. – Appellant
Versus
Aijaz Ahmed Shah – Respondent


Advocates Appeared:
Advocate For Appellant: N.H. Shah
Advocate For Respondent: Z.A. Shah

1. The respondent has acquired American citizenship and entered into India on a passport issued by the United States of America (USA). He had travelled to America on Indian Passport. After acquiring citizenship of America, the respondent ceased to be a citizen of India. On entering India, the respondent complied with the procedure as laid down under the Registration of Foreigners Rules, 1992 and furnished the details alongwith particulars as set down in Form B under rule-4. He also submitted his registration report in registration office both at Delhi and Srinagar. After staying in India, the respondent wanted to return back to America for which, he was required to obtain permission under Rule-5 of the Foreigners Order, 1948. The said permission was refused to the respondent on the ground that his presence is required in India to answer the criminal charge leveled against him. It prompted the respondent to file civil suit before the trial court in the nature of declaration and injunction. An application for grant of temporary injunction was also filed. The trial court vide its order dated 3-1-2009 allowed the application of respondent and granted interim direction by ordering the r

























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