Allowed

Negar Eskandri Rizi v. State of Karnataka

Karnataka HC6 Nov 2020WP/10767/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition filed by an Iraniannational studying in India to quash a criminal complaint alleging forgery of a university Bonafide Certificate. The court quashed proceedings, holding that a handwritten date does not presume forgery and the petitioner was a genuine student.

What did the court decide?

Writ petition allowed to quash the complaint dated 18.08.2020 and the FIR registered as Crime No.134/2020.

Negar Eskandri Rizi Vs State of Karnataka — Quashing and FIR | Karnataka HC (2020)

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W.P.No.10767 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.10767 OF 2020 (GM – RES)

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BETWEEN:

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NEGAR ESKANDARI RIZI, D/O MR. REZA, AGED ABOUT 29 YEARS, PRESENTLY RESIDING AT NO.12, 1^ST FLOOR, ALALISHAN TOPEZ, 1^ST CROSS, DOLLARS COLONY, MARUTHI NAGAR, BENGALURU – 560 094.

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... PETITIONER

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(BY SRI SHASHI KIRAN SHETTY, ADVOCATE FOR SMT. ANUPARNA BORDOLOI, ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, THROUGH YELAHANKA POLICE STATION, PIN-560 064

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ASHOK KUMAR H., ASST. IMMIGRATION OFFICER, FRRO OFFICE, BOI, BENGALURU – 560 027. ... RESPONDENTS

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(BY SMT. RASHMI JADHAV, HCGP FOR R1)

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W.P.No.10767 of 2020

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.P.C., PRAYING TO QUASH THE COMPLAINT DATED 18.08.2020 IN CRIME NO. 0134/2020 GIVEN BY R2 FOR OFFENCE PUNISHABLE UNDER SECTIONS 420, 465 AND 471 OF THE INDIAN PENAL CODE, 1860 VIDE ANNEXURE – A, ETC.,

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THIS PETITION COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCE IN BENGALURU, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Smt. Rashmi Jadhav, learned HCGP accepts notice for respondent No.1.

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Smt. Anuparna Bordoloi, learned counsel for the petitioner seeks for two weeks’ time to comply with the office objections, however, in view of the urgency requests for the above matter to be taken up today pending the compliance, acceding to the said request matter is taken up.

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The petitioner is before this Court for a certiorari to quash the complaint dated 18.08.2020 in Crime No.134/2020 filed by the 2^nd respondent for the

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W.P.No.10767 of 2020

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offences punishable under Sections 420, 465 and 471 of the IPC as also for quashing the FIR registered as Crime No.134/2020 by Yelahanka Police Station.

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The petitioner is a National of Iran, student of Aditya Bangalore Institute of Pharmacy Education and Research (Hereinafter for gravity referred to as ‘College’). The petitioner holds an Iranian Pass-Port, it is valid till 11.06.2024. She was pursuing her Pharma Degree Course in India from the year 2015 onwards. In order to pursue the Course, it was required for the petitioner to obtain necessary VISA to visit India and study in India, namely; student VISA.

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For the first time the VISA came to be issued in the year 201, which came to be extended from time to time. For each extension the petitioner has obtained Bonafide Certificate from the College and submitted the same to the 2^nd respondent for the purpose of extension of the Student VISA. After completing of 4^th year, for the academic year 2018-2019 the

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W.P.No.10767 of 2020

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petitioner had to return to her native country ‘Iran’ on account of her marriage and subsequent there to she came back to India to continue the prosecution of her education.

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It is at that time she applied for and received a Bonafide Certificate from the College dated 19.06.2019 which was in force for a period of six months, that is until 19.02.2020. However, the petitioner could not come back to India due to the political unrest in Iran and she could come back only on 21.01.2020. As regards which the Certificate of Certificate of 19.06.2019 was made use of. Subsequently, since the course could not get over, she had to continue the stay in India, as such she has obtained another Bonafide Certificate from the College which is dated 30.06.2020. It is on that basis the petitioner made an application for extension of her VISA by uploading the said Bonafide Certificate. It is the contention of the 2^nd respondentcomplainant that the Bonafide Certificate dated

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W.P.No.10767 of 2020

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30.06.2020 has been overwritten and that there is a fabrication of the same. It is on that basis the above complaint has been filed.

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Sri Shashikiran Shetty, learned Senior Counsel appearing for Smt. Anuparna Bordoloi, learned counsel, submits that there is no extrapolation or fabrication of the Certificate dated 30.06.2020 inasmuch as the said Certificate has been issued by the College, on which basis an application was immediately made on the very same day on 30.06.2020 after receiving the Certificate. The issuance of the Certificate is also accepted and acknowledged by the College. In view there of, it is submitted that there being no offence which could be alleged to have been committed by the petitioner and the documents being clear on the point, the proceedings insofar as petitioner is concerned are required to be quashed.

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W.P.No.10767 of 2020

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Per contra, Smt. Rashmi Jadhav, learned HCGP for the respondent would submit that the earlier Certificate bears date in printed form, whereas, the present Certificate on which basis the date VISA was extended the date is handwritten, hence, it is on that basis, the complaint is filed.

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Heard Sri Shashikiran Shetty, learned Senior Counsel and Smt. Rashmi Jadhav, learned HCGP.

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The very short question in this mater is as regards whether the Certificate has been issued by the College or not and whether the petitioner is a bonafide student of the Institution or not.

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From all the records that have been produced, it is seen that the petitioner has been pursuing her Pharmacy Education from the year 2015 onwards. It is only on account of marriage she had to go back to her country of origin and returned to India. There being no prohibition for the same on her return she once again obtained a Bonafide Certificate and

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W.P.No.10767 of 2020

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sought for extension of student VISA. Merely because the date on the Certificate is hand written, cannot give a presumption that there is extrapolation or forgery committed by the petitioner. A perusal of the said Certificate indicates the date to be endorsed by the Director, International Students Centre of the College. The said Bonafide Certificate containing all the details relating to the petitioner-student, it cannot be said that there is any forgery committed by the petitioner.

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In view of the above, the writ petition is allowed. The proceedings in Crime No.134/2020 filed by the 2^nd respondent – Assistant Immigration Officer, FRRO, Bengaluru is hereby quashed.

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Registry to release copy of the order on compliance with the office objections.

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JUDGE

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Sd/-

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SBS*

Negar Eskandri Rizi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Negar Eskandri Rizi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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