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R. N. MANJULA
Sanjay Mondal – Appellant
Versus
State of Tamil Nadu, Rep. by The Inspector of Police, Central Crime Branch – Respondent
ORDER :
PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to call for the records and quash the final report filed against the petitioner in C.C.No.288 of 2021 pending on the file of the learned Judicial Magistrate No.I, Alandur.
This Criminal Original Petition has been filed to call for the records pertaining to C.C.No.288 of 2021 on the file of the learned Judicial Magistrate No.I, Alandur and quash the same.
2. The case of the prosecution is that during the scrutiny of the passport at an Immigration Counter, it was found that the petitioner is a Bangladesh National and he obtained Indian Passport fraudulently; during the year 2007, he had entered into India through Hilli Border of Balurghat Border (North Dinajpur) and lived with his paternal uncle namely Laxman Chandra Mondol Goalpara, Raiganj in West Bengal; he arranged fake birth certificate, Pan Card, Voter Card and Ration Card for getting an Indian Passport with the help of his uncle; he obtained the Indian Passport bearing No.K1502392 issued by the Regional Passport Officer, Kolkata on 05.05.2022.
2.1. The date of expiry of the Passport is 07.05.2022; the petitioner was arrested
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 court affirmed that obtaining a passport from another country conclusively proves voluntary acquisition of its citizenship, terminating Indian citizenship under the Citizenship Act.
Section 4 of Act runs as citizenship by descent.
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 right to travel abroad is a fundamental right under Article 21, and adverse police verification does not automatically disqualify passport issuance.
Citizenship by birth under Section 3(1)(a) of the Citizenship Act entitles individuals to a passport, irrespective of parental nationality.
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