MUMTAZ PARVEEN Vs. STATE

JUDGEMENT

(1.) Feeling aggrieved by the dismissal of her appeal, vide which she challenged her conviction and sentenced awarded by learned MM in case FIR No. 582/1997, under Section 14 of Foreigners Act, PS I.P.Estate, this criminal revision petition has been filed by the petitioner Mumtaz Parveen impugning the order convicting her for committing the offence punishable under Section 14 of Foreigners Act and sentence awarded to her thereunder.

(2.) The main grievance of the petitioner is that she could not have been prosecuted and convicted for committing the offence punishable under Section 14 of Foreigners Act till the question as to whether she has lost her Indian citizenship, is determined by the Central Government under Section 9 of the Citizenship Act, 1955. Thus, the impugned order convicting her for committing the offence under Section 14 of Foreigners Act and to undergo SI for one month for the said offence, being without jurisdiction is liable to be quashed.

(3.) In brief, the case of the petitioner is that she was an Indian citizen by birth and her natural parents are also Indian citizens by birth. She was born in Meerut, U.P. and her name also appeared in the Voter List. The petitioner got married to Mohd. Sultan on 17.09.1978. She gave birth to three children and they were born in Meerut. Her first marriage with Mohd. Sultan was dissolved by way of divorce.