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 and produced before the learned Judicial Magistrate on 20.01.2020 and thereafter released from the prison and confined at the special camp for refugees at Trichy under Section 3(2)(e) of the Foreigners Act 1946; after completing the investigation, final report has been filed before the learned Judicial Magistrate No.I, Alandur for the offences punishable under Section 12(1)(A)(a) of the Passport Act, 1967.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence; the respondent police failed to note that the petitioner belongs to the Hindu community migrated from Bangladesh and got settled down in India in the year 2007 at the age of 16 years. He further submitted that the petitioner acquired permanent residential identity and had also obtained Aadhar Card, Pan Card, Voter Card, Ration Card and valid Indian Passport.

3.1. The petitioner belongs to Minority Community; due to fear of religious persecution, he was compelled to come down to India and seek shelter; the Government of India had provided exception under Section 3-A of the Foreigners Order, 1948 and it has been inserted in GSR No.686(E) dated 07.09.2016. According to the said provision, “persons belonging to minority communities in Afghanistan, Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December 2014, without valid documents including passport or other travel documents and have been exempted under Rule 4 from the provisions of Rule 3 of the Passport (Entry into India) Rules 1950.

3.2. The respondent police had failed to take note that Section 6-B of the Citizenship Act, 1955 would state that from the date of commencement of the Citizenship (Amendment) Act 2019, any proceeding pending against a person under the Citizenship Act in respect of the illegal migrant or citizenship shall stand abated on conferment of citizenship to him.

3.3. The petitioner is a citizen of India and he did not commit any offence. The issuance of Indian Passport on 05.05.2012 by the Regional Passport Officer, Kolkata, would prove that the petitioner is innocent and he did not involve himself in any offence after he came to India. Hence, the proceedings in C.C.No.288 of 2021 should be quashed.

4. The Government Advocate (Crl. Side) appearing for the first respondent submitted that there are materials to show that the petitioner was residing at Bangladesh and he had his schooling at Barondi Primary School at Bangladesh. The petitioner submitted a fake transfer certificate for obtaining Passport and the Headmaster of the concerned school at West Bengal has stated that the petitioner did no