The High Court of Madras quashed proceedings under the Passport Act initiated against Papia Ghosh, finding the investigation would abuse the process of law. The court held she is a citizen of India based on submitted documents, making no offence under the cited statutes.
Investigation in Crime No.3519 of 2020 pending on the file of the 1st respondent is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.4054 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.4054 of 2022 and
Crl.M.P.No.1995 of 2022
Papia Ghosh
... Petitioner
Vs.
... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in Crime No.3519 of 2020 on the file of 1 st respondent police pending disposal of the Criminal Original Petition.
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For Petitioner : Mr.M.I.Javid Akbar For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) *****
O R D E R
This petition has been filed to quash the FIR in
Crime No.3519 of 2020, pending investigation on the file of the 1st respondent.
fell in love with one Saju Sekh, who is a resident of West Bengal and
they got married. According to the prosecution, the petitioner is a
native of Bangladesh and that she had entered into India without
obtaining any permission or Visa and she managed to marry the said
Saju Sekh and was illegally staying in India at a rented premises in
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Minjur. The 2nd respondent lodged a complaint in this regard and an FIR came to be registered by the 1st respondent in Crime No.3519 of 2020 for an offence under Section 12(1) (a) of the Passport Act, 1967. Challenging the registration of the FIR, the present Criminal Original petition has been filed before this Court.
Court to show that the petitioner is an Indian citizen. The petitioner
was born in West Bengal and the same is clear from the Birth Certificate that has been filed before this Court. The petitioner has been given an Adhar Card which also shows that the petitioner is a resident of West Bengal. Even the marriage certificate that was issued to the petitioner when she married the said Saju shek shows that both of them are residents of West Bengal. That apart, the voters identity cards of both the father and mother of the petitioner shows that they are also the residents of west bengal. The Pan card of the petitioner has also been filed before this Court which also shows that the petitioner is very much a citizen of India.
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of the investigation against the petitioner will result in an abuse of process of law which requires the interference of this Court in exercise of its Jurisdiction under Section 482 of Cr.PC. No offence has been made out under Section 12(1) (a) of the Passport Act or under Section 14 A of the Foreigners Act 1946, since the petitioner was born in India and she is a citizen of India and her parents are
also Indians.
of 2020, pending on the file of the 1st respondent is hereby quashed.
This Criminal Original Petition is accordingly allowed. Consequently,
the connected miscellaneous petition is closed.
13.07.2023
Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rka
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To
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N.ANAND VENKATESH, J
rka
Crl.O.P.No.4054 of 2022
13.07.2023
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2 issues framed by the court
Whether proceedings under the Passport Act against an individual born in India and verified as a citizen can be quashed to prevent abuse of process of law.
Whether Section 12(1)(a) of the Passport Act or Section 14A of the Foreigners Act is applicable given the petitioner’s documented Indian citizenship.
3 provisions across 3 enactments
Papia Ghosh
The State Rep by Inspector of Police, Minjur Police Station, Thiruvallur District
The Inspector of Police, CBCID, Kanchipuram District, I/c. Thiruvallur District
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
