GURWINDER SINGH Vs. STATE GOVT OF NCT DELHI

JUDGEMENT

(1.) This petition has been filed for quashing of FIR No.297/2007 under sections 419/420/468/471 IPC P.S. IGI Airport by the petitioner on the ground that there was no offence made out against the petitioner in view of the allegations leveled against him within India. The petitioner has already suffered and undergone sentence for applying driving licence in UK and over staying there, he cannot be prosecuted for the same offence twice. The brief facts for the purpose of deciding that the petitioner was deported from UK along with deportee papers and two passport Nos. F-5459622 and A-335175 issued in the name of Gurwinder Singh. The reason for deportation of the accused was mentioned as over staying. A scrutiny of his passport was done by Immigration when he reached in India and UK stickers affixed on the passport No. F-5459622, cover page jacket of passport No. A3351375, departure stamps of Delhi Immigration dated 24.5.97 and 25.2.01 on pages No.6 and 10 and arrival stamp on page 10 were all found forged. He was enquired and he disclosed that he had gone on a tourist visa to Paris and from Paris one agent arranged his illegal entry into UK where he stayed for 6-7 months and where he was given a fake passport affixed with forged stickers of UK. He was apprehended in UK and deported.

(2.) The counsel argued that all offences stated in the FIR were committed in UK and no offence was committed in India, the FIR was liable to be quashed.

(3.) Since the forgery in this case was in respect of passport and Arrival and Departure stamps of Delhi Immigration as well as jacket of the passport, an FIR was registered and investigation proceeded. Even if an offence committed by an Indian citizen outside India, a case can be registered in India in view of section 188 Cr.P.C. and investigation can be done to find out as to who were persons involved in the crime. The plea of double jeopardy taken by petitioner is also not tenable. Section 300(1) provides as under:-