Back
2026 Supreme(Online)(Guj) 3783
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. Mengdey, J
BIPLOB S/O NIHAR RANJAN HALDERV/sSTATE OF GUJARAT
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1612 of 2026 | R/SCR.A/1612/2026
For the Appellants/Petitioners: Ashok L. Chauhan, Nilay Thakor
For the Respondents: Meet Thakkar
A petition to quash an FIR will be dismissed where prima facie evidence, such as foreign birth certificates and identity documents, suggests the petitioner obtained national identity documents through forgery and where claims of illegal detention are contradicted by evidence of a notice to appear.
Headnote:The petitioner filed a petition under Art. 226 of the Constitution of India and S. 528 of the BNSS, 2023, seeking to quash an FIR registered under Sections 319(2), 336(2), 338, 336(3), 340(2) & 54 of the Bharatiya Nyaya Sanhita, 2023 and Section 12(2) of the Passport Act, 1967. The petitioner was intercepted at an airport and accused of being a Bangladeshi national who obtained an Indian passport and other identity documents through forged birth records. The court found that evidence, including a birth certificate from Bangladesh and national identity cards of the parents, strongly indicated the petitioner's foreign nationality. The primary issues were whether the FIR should be quashed based on the petitioner's claim of Indian citizenship and whether the petitioner was illegally detained by police authorities. The court reasoned that the material on record sufficiently indicated that the petitioner used fabricated documents to register his birth in West Bengal to obtain Indian citizenship documents. Regarding the allegation of illegal detention, the court observed that a notice was served on 23.05.2025 requiring the petitioner to appear on 27.05.2025, and he was not held in custody during the interim period. Hence, the present petition is hereby dismissed.
| Table of Content |
|---|
| 1. petition for quashing of fir and relief against illegal detention. (Para 1 , 2) |
| 2. conflicting claims regarding nationality and the legality of police custody. (Para 3 , 4) |
| 3. determination of nationality based on birth records and evidence of document forgery. (Para 5) |
| 4. rejection of illegal detention claims based on procedural notices and final dismissal. (Para 6) |
ORAL ORDER
1. By filing the present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023 , the petitioner has prayed for the following reliefs: -
“a) YOUR LORDSHIP MAY KINDLY BE PLEASED TO admit and allow the present petition in the interest of justice;
b) YOUR LORDSHIP MAY KINDLY BE PLEASED TO quash and set aside the impugned FIR being No. 11191046250196 of 2025 submitted at Airport Police Station, District: Ahmedabad dated 27.05.2025 & Criminal Case no. 256902 of 2025 pending before the court of Learned 4th Additional Chief Judicial Magistrate, Ahmedabad City for the alleged offences punishable under Sections 319(2), 336(2), 338, 336(3), 340(2) & 54 of the Bharatiya Nyaya Sanhita, 2023 and Section 12(2) of the Passport Act, 1967 and other consequential proceedings, thereto, in the interest of justice;
c) YOUR LORDSHIP MAY KINDLY BE PLEASED TO pending admission, hearing and final disposal of this petition to stay the further proceedings of FIR being No. 11191046250196 of 2025 submitted at Airport Police Station, District: Ahmedabad dated 27.05.2025 & Criminal Case no. 256902 of 2025 pending before the court of Learned 4th Additional Chief Judicial Magistrate, Ahmedabad City for the alleged offences punishable under Sections 319(2), 336(2), 338, 336(3), 340(2) & 54 of the Bharatiya Nyaya Sanhita, 2023 and Section 12(2) of the Passport Act, 1967 and other consequential proceedings, thereto, qua the present petitioner, in the interest of justice;
d) YOUR LORDSHIP MAY KINDLY BE PLEASED TO issue appropriate writ, order or direction by granting appropriate compensation to the present applicant for being illegally detained by the investigating authority beyond the period of 24 hours without obtaining any orders from the judicial magistrate, in the interest of justice;
e) YOUR LORDSHIP MAY KINDLY BE PLEASED TO grant any other and further relief(s) as deemed just and proper in the interest of justice.”
2. The facts and circumstances giving rise to the filing of the present petition are such that the FIR in question came to be registered against the petitioner on 27.05.2025 for the offences mentioned in the FIR. Being aggrieved by and dissatisfied with the same, the petitioner has approached this Court by filing the present petition.
3. Heard learned Advocate Mr. Ashok Chauhan appearing for the petitioner. He submitted that the present petition is filed by the petitioner claiming two main prayers out of which the first is quashing of the FIR registered against the petitioner and the second is with regard to illegal detention of the petitioner. He submitted that on 22.05.2025, the petitioner herein was traveling from Ahmedabad airport to Kuwait. The Immigration authorities had intercepted the petitioner and had checked his passport and it was noticed by them as to why he had travelled Bangladesh in the recent past. The petitioner was further interrogated by the authorities and he was compelled to make certain inculpatory statement about him being the Bangladeshi national and on the basis of the inculpatory statement made by the petitioner, the FIR in question came to be lodged against the petitioner. In fact, the petitioner is not a Bangladeshi national, but is an Indian citizen. He further submitted that the birth of the petitioner is registered with Kalyani Municipality of West Bengal. The Investigating Officer had also inquired as regards the genuineness of the birth certificate issued by the Kalyani Municipality and it was informed by the State authorities of the West Bengal to the Investigating O
