JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.94/2021, dated 29.03.2021 in the file of the Sub Inspector of Police, Fake Passport Team VII, Central Crime Branch, Chennai.)

1. This Criminal Original Petition has been filed to quash the FIR in Crime No.94 of 2021, dated 29.03.2021 on the file of the 2nd respondent Police.

2. The petitioners are the accused Nos.1 & 2 in Crime No.94 of 2021, which has been registered by the 2nd respondent on the complaint of the 3rd respondent for offence under Sections 12(1)(b) and 12(1A)(a) of the Passport Act, 1967.

3. The gist of the case is that the petitioners are the wife and daughter of one Gauthaman Kalamegam respectively. The 1st petitioner has applied for surrender certificate in respect of her minor daughter/2nd respondent residing at E41, Sreshta Rairways, Ramamoorthy Avenue Extention, Kolapakkam, Chennai holder of Indian Passport No.P7962303, dated 13.03.2017 who applied for surrender certificate at the Passport Office vide file No.MASSC7072334120 on acquisition of Singapore nationality. On scrutiny of her application, it was found that the 2nd petitioner acquired Singapore nationality vide certificate, dated 05.07.2012 and she is holding Singapore Passport No.K2061600A, dated 07.11.2020. She had applied for reissue of Indian Passport at Regional Passport Office, Chennai on 29.12.2016 vide file No.MA2079847990116 by suppressing her nationality and obtained Indian passport No.P7962903 issued on 13.03.2017. The copies of the application form and other documents submitted by the applicant were sent for reference. The reasons given by the petitioners regarding suppression of nationality was not convincing. As per Passport Manual, the Indian Passport holders are required to surrender their passport to the nearest Indian Mission/Passport office immediately after acquisition of foreign nationality. Indian Citizenship Act does not allow dual citizenship. The misuse of Indian Passport as described above constitutes the offence as stated above. Hence, the 3rd respondent sent a complaint to the 2nd respondent, who registered a case in Crime No.94 of 2021.

4. The learned counsel for the petitioners submitted that the 1st petitioner after completing M.C.A., worked as Software Engineer and business analyst in Aviation and Banking in Singapore from the year 1997 to 2012. The 1st petitioner's husband and the 2nd petitioner's father Dr.K.Gauthaman is Singapore citizen and he obtained his medical graduation in Chennai and later, Ph.D., in the year 2003, from the Department of Obstetrics and Gynaecology, National University of Singapore (NUS) where he also served as a Senior Research Fellow until June 2012 and subsequently, served as Associate Professor in the Centre of Excellence in Genomic Medicine Research and Stem Cell Division at King Abdulaziz University, South Arabia until August 2020. The learned counsel further submitted that the 1st petitioner is the Indian Citizen and her husband is a Singapore Citizen. The 2nd petitioner was born to them in Singapore on 14.10.2003. When she was seven months old, she was issued with Indian Passport in No.E5426321 by the Assistant Consular Office, High Commissioner of India, Singapore on 27.05.2004 and date of expiry was on 26.05.2009. After expiry of the said passport, it was renewed by the Assistant Consular Office, High Commission of India, Singapore vide passport No.G9487512 on 15.12.2008 and date of expiry was on 14.12.2013. Again, it was renewed by the Assistant Consular Office, High Commissioner of India, Singapore vide passport No.K4683991, dated 17.04.2012 and date of expiry was on 16.04.2017. After expiry of the same, it was renewed by the Regional Passport Office, Chennai vide passport No.P7962903, dated 13.03.2017 and the date of expiry was on 13.10.2021. In the meanwhile, the Republic of Singapore issued a 'Certificate of Singapore Citi