ACHARYA BAL KRISHNA Vs. C.B.I.

JUDGEMENT

(1.) A First Information Report dated 24th July, 2011 was lodged against the petitioner under Section 120B, 420, 467, 468 and 471 I.P.C. as well as under Section 12 of the Passports Act on the ground of criminal conspiracy, cheating, forgery of valuable security, forgery for the purpose of cheating, using forged documents as genuine and furnishing false information or suppression of material facts for obtaining an Indian passport. The First Information Report indicates that a written representation dated 29 April, 2011 was made by Shri Acharya Pramod Krishnam, President, Akhil Bhartiya Sant Samiti, Bahadurgarh, Haryana, addressed to the President of India, alleging that the petitioner Acharya Bal Krishna is not an Indian citizen and is a citizen of Nepal and that his address of Nepal is "Village Gandaki, District Virat Nagar, Nepal''. In the complaint, it was also alleged that Acharya Bal Krishna obtained an Indian passport while living at Haridwar despite being a citizen of Nepal. This representation sent to the President of India was forwarded to the Office of the Prime Minister, which, in turn, forwarded it to the Department of Personnel and Training and, eventually, it was handed over to the C.B.I. The First Information Report indicates that a preliminary enquiry was registered by the C.B.I., Dehradun on 26 June, 2011 against Shri Bal Krishna of Patanjali Yog Peeth and Divya Yog Mandir, Haridwar. The enquiry revealed that the petitioner had obtained the passport on the basis of forged documents, namely, the certificates of educational qualifications issued from Sampurna Nand Sanskrit Vishwavidyalaya. The report further stated that the enquiry was also made from the Passport Office, Bareilly, from where the passport was issued in favour of Sri Bal Krishna, in which it was revealed that the passport was made on the basis of these educational certificates issued from Sampurna Nand Sanskrit Vishwavidyalaya, which the University has certified it to be a false and a forged document. The report further indicated that during enquiry, it was found that the Municipal Council, Haridwar, had issued a birth certificate on 5th December, 1997 to Bal Krishna indicating his date of birth as 25th July, 1972 and also indicating that the parents of Bal Krishna were of Indian nationality. The enquiry further revealed that a fresh certificate was issued by the Municipal Council, Haridwar, in the year 2006, in which the nationality of the parents of Bal Krishna was rectified as citizens of Nepal.

(2.) THE First Information Report alleges that Bal Krishna is a citizen of Nepal and originally belongs to "Village Bharua, Walid -5, District Syangja, Gandaki, Nepal" and that he was a student of "Sri Tej Prathmik Vidyalaya, Syangja, Gandaki, Nepal" and that his name recorded in the school was "Narayan Prasad Suvedi s/o Jai Vallabh Suvedi." The report further indicates that these facts have not been verified during preliminary enquiry as Nepal is a foreign country and that the same could only be verified during investigation in a 'regular case as per the provision of law.

(3.) UPON the lodging of the First Information Report, the petitioner has filed the present writ petition praying for the following reliefs: