Gujarat HC Refuses to Quash FIR Alleging Citizenship Fraud and Use of Forged Documents - 2026-02-04

Gujarat HC Denies Plea to Quash FIR in Alleged Citizenship Fraud Case

The High Court of Gujarat, in a stern decision, has dismissed a petition seeking the quashing of an FIR against one Biplob, son of Nihar Ranjan Halder, who faced allegations of obtaining an Indian passport through fraudulent means. Presided over by Justice M. R. Mengdey, the Court found sufficient evidence to suggest the petitioner may have used forged documents to establish a false identity as an Indian citizen.

Origins of the Dispute

The legal trouble began on May 22, 2025, when the petitioner was intercepted by immigration authorities at Ahmedabad Airport while attempting to board a flight to Kuwait. During an interrogation prompted by his recent travel history to Bangladesh, the petitioner allegedly confessed to being a Bangladeshi national. Immigration officials discovered national identity cards belonging to his parents, issued by the administration of Bangladesh.

Arguments from the Bench

The petitioner, seeking to quash the FIR registered at the Airport Police Station, argued that he was an Indian citizen. His counsel contended that his birth was duly registered with the Kalyani Municipality in West Bengal, and that statements made to authorities were coerced. He further alleged illegal detention, claiming he was in police custody from May 22 to May 27, 2025, without a valid judicial order.

Conversely, the State’s counsel presented compelling evidence, including a birth certificate from the Registrar General of Birth and Death Registration in Bangladesh, which indicated the petitioner was born in Dhaka in 1995 to parents who were themselves Bangladeshi nationals. The State argued that the petitioner had systematically forged documents—including an Aadhar card and a PAN card—to create an Indian identity.

Court’s Analysis

The Court addressed the central contention regarding the genuineness of the petitioner's documents with skepticism. While the petitioner relied on a birth certificate from West Bengal, the court focused on the manner in which that registration was obtained. The municipality involved was unable to verify the underlying documents, leading the Court to conclude that the petitioner had provided forged materials to create a false record.

Furthermore, the Court dismissed the allegations of illegal detention. Documentary evidence confirmed that while the handover of custody occurred on May 23, the petitioner was served a notice to appear on May 27 and was not strictly detained during that interim period, as he had been allowed to leave the police station.

Key Observations

The Court underscored the gravity of cases involving national identity and citizenship:

• "The material available on record sufficiently indicates that the petitioner herein who is a Bangladeshi national got his name registered... on the basis of the forged and fabricated documents."
• "The issue here is not with regard to the genuineness of birth certificate, but is with regard to the manner in which the registration of birth of the petitioner was done."
• "The allegation that the petitioner was illegally detained... by the Police authorities appears to be far from truth."

Final Decision

Concluding that the petition lacked merit, Justice Mengdey dismissed the plea, allowing the criminal proceedings under the Bharatiya Nyaya Sanhita, 2023, and the Passport Act, 1967, to continue. This ruling reaffirms the Court's commitment to prioritizing the integrity of nationality-related documents and ensuring that petitions for quashing are not used to evade investigation when substantial evidence of fraud exists.