The main legal point established is that lack of awareness about dual citizenship at the time of applying for a passport can be a crucial factor in determining the intent to provide false information.

JUDGMENT :

(Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the complaint in Crime No.204 of 2018 on the file of the Sub-Inspector of Police, Central Crime Branch, Fake Passport Team-VII, Vepery, Chennai and quash the same.)

1. This case was taken up through video conferencing.

2. This criminal original petition has been filed seeking to call for the records relating to the complaint in Crime No.204 of 2018 on the file of the Sub-Inspector of Police, Central Crime Branch, Fake Passport Team - VII, Vepery, Chennai and quash the same.

3. The moral of the story in this case is, “Facts are sometimes stranger than fiction”.

4. The petitioner had an Indian passport, which expired on 01.05.2016. Since his mother was a Swiss citizen, he applied for a Swiss passport, which was issued to him on 13.07.2016. As he wanted to obtain an Overseas Citizen of India (OCI) card, he went to the Regional Passport Office at Chennai, in September 2016 and surrendered his Indian passport. He was asked to give an affidavit disclosing the circumstances under which he obtained the Swiss passport, for which, he gave an affidavit dated 10.10.2016 disclosing everything. Much to his chagrin, on the report dated 16.11.2016 of the Deputy Passport Officer, Chennai, he was called to the Office of the Commissioner of Police, Chennai, for an enquiry. He attended the enquiry.

5. On the complaint lodged by the Deputy Passport Officer, Chennai, the police registered a case in Crime No.204 of 2018 on 19.05.2018 for the offence under Section 12(1A) (a) of the Passports Act, 1967, on the allegation that, in column no.8(ii) of the passport application form that was given by him in the year 2006 for getting the Indian passport, he had declared that, “he has not possessed citizenship of any other country”, whereas, at that time, he was a Swiss citizen. In short, the allegation against the petitioner is that, he had suppressed his Swiss citizenship, when he applied for the Indian passport in the year 2006, though his Swiss passport had expired on 31.05.2005 and thereby, he has committed an offence under Section 12(1A)(a) of the Passports Act.

6. This quash petition has been filed by the petitioner for quashing the FIR that has been registered against him.

7. During the course of hearing of the case, this Court directed the petitioner to file an affidavit setting out the entire circumstances under which he obtained the Swiss citizenship, for which, he filed an affidavit dated 28.09.2020, which reads as under:

“1. That I am the deponent herein and I am filing the present Affidavit giving the following information, mostly based on the information provided to me by my parents and the rest based on my personal knowledge.

2. That I was born in Chennai, Tamil Nadu, India in 11.05.1985 and my birth was registered in the records of the Corporation of Chennai with the given name as Anil. I was adopted by Mr.Srinivasan Swaminathan and Mrs.Paola Swaminathan from Karna Prayag, Reception-cum-Adoption Center of the SOS Children’s Villages of India - Chatnath Homes, Madras - 600 034 (then functioning at Child’s Trust Hospital, Nungambakkam, Chennai) after necessary permission was obtained by the guardian, namely, the Administrative Officer of Karna Prayag on 26.01.1986 from the Hon’ble Principal City Civil Court, Madras in O.P.No.7 of 1986 vide order dated 23.01.1986. From the date of the said adoption, Mr.Srinivasan Swaminathan and Mrs.Paola Swaminathan became my parents. An adoption deed dated 10.03.1986 was thereafter registered as Document No.42 of 1986 in the office of the Sub- Registrar, Vallabnagar Taluka, Hyderabad, to the effect of grant of adoption, wherein my name was provided as Aditya.

3. That my father is a Citizen of India by birth and my mother Mrs.Paola Swaminathan is a Swiss National, presently holding a Swiss Passport bearing No.X2