IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.2671 OF 2019 BETWEEN:
SRI VIJAY KUMAR K S/O. S.KANDAIAH AGED ABOUT 54 YEARS DOOR NO.989/18/2120/1 BHAGATH SINGH NAGAR BEHIND K.S.R.T.C BUS STAND DAVANAGERE-577002 (BY SHRI ADINARAYANAPPA., ADVOCATE) AND:
THE STATE OF KARNATAKA BY K.T.J.NAGAR POLICE REPRESENTED BY GOVT.PLEADER HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE – 560 001 (BY SRI NASRULLA KHAN, HCGP) …PETITIONER … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT FILED BY THE RESPONDENT POLICE IN CR.NO.43/2012, WHICH IS PRODUCED AT ANNEXURE-A AND ALSO QUASH THE CHAGE SHEET AND ENTIRE PROCEEDINGS IN C.C.NO.1506/2012 PENDING ON THE FILE OF J.M.F.C (II COURT), DAVANAGERE WHICH ARE PRODUCED AT ANNEXURE-B AND C.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Adinarayanappa, learned advocate for the petitioner and Shri Nasrulla Khan, learned HCGP for respondent.
2. Petitioner has taken exception to the charge sheet filed by Davanagere police in C.C.No.1506/2012 for the offences punishable under Sections 464, 465, 468, 471 of IPC and Section 03 and 14 of Foreigners Act, 1946, alleging that the petitioner had remained in India on the pretext that he was pursuing medical course on the strength of fabricated documents.
3. Learned advocate for the petitioner submitted that petitioner has applied for Indian citizenship and the Government of India has not yet considered the same. He further submitted that petitioner is also ‘deemed to be’ person of Indian origin. Therefore, entire criminal proceedings are unsustainable in law.
4. Shri Nasrulla Khan, learned HCGP argued in support of the charge sheet and prayed for dismissal of the petition.
5. The specific case of the prosecution as per charge sheet is that the petitioner has fabricated documents to show that he was pursuing medical course and over stayed in the country. The ground urged by the learned advocate for the petitioner that there has been delay by the Government of India in granting citizenship to the petitioner is untenable, because so long as a person who is not a citizen of this country and over stays in the country, he shall be rendered liable for prosecution.
6. So far as deemed status as a ‘Person of Indian Origin’ is concerned, the same is a matter of fact to be proved by the documents which the petitioner may rely upon. It requires trial. Therefore, based on the two grounds urged in this petition, criminal proceedings cannot be quashed by exercising power under Section 482 of Cr.P.C., Resultantly, this petition must fails and it is accordingly, dismissed.
In view of disposal of this petition, I.A. No.1/19 does not survive of consideration and the same is also disposed of.
No costs.
Sd/-
JUDGE HJ