N S HOON Vs. UOI

JUDGEMENT

(1.) THE petitioner has filed a Criminal Writ petition under Article 226 for the issuance of writ of mandamus against the respondents claiming that he was falsely implicated in the criminal proceedings .He has demanded criminal action to be taken against the respondents and Rs. 5000 crores as damages.

(2.) THE facts leading to the present writ petition are that RC8/87/SIU-VIII was registered in CBI/SIU-VIII Units(EOW-III) on the basis of information received by CBI on 26.06.87 that the petitioner during the period from 21.04.87 to 06.05.87 stayed in Hotel Ambassador at New Delhi by giving false particulars about his nationality to the hotel staff and wrongly declared himself as Indian even though he is a British citizen and was thus found contravening the provisions of Section 7 read with Section 14 of Foreigners Act,1946. THE petitioner was required to furnish the particulars regarding his nationality to the Hotel management which he failed to do, thus contravening the provisions of Section 5 of the Foreigners Act.

(3.) THE petitioner was thereafter summoned to CBI office for interrogation on 28.06.87. During interrogation, it was learnt by CBI that the order of anticipatory bail was not applicable to the present proceedings as the petitioner was declared as proclaimed offender in a case registered by the Calcutta police. In order to prevent the petitioner from absconding, he was arrested. He was produced in the court of Ld.ACMM, Delhi and was remanded to judicial custody for one day and was released on bail on 01.07.87 with certain conditions.