MEENA SAMBANDAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the FIR in Crime No.94 of 2021, dtd. 29/3/2021 on the file of the 2nd respondent Police.

(2.) The petitioners are the accused Nos.1 and 2 in Crime No.94 of 2021, which has been registered by the 2nd respondent on the complaint of the 3rd respondent for offence under Ss. 12(1)(b) and 12(1A)(a) of the Passport Act, 1967.

(3.) The gist of the case is that the petitioners are the wife and daughter of one Gauthaman Kalamegam respectively. The 1st petitioner has applied for surrender certificate in respect of her minor daughter/2nd respondent residing at E41, Sreshta Rairways, Ramamoorthy Avenue Extention, Kolapakkam, Chennai holder of Indian Passport No.P7962303, dtd. 13/3/2017 who applied for surrender certificate at the Passport Office vide file No.MASSC7072334120 on acquisition of Singapore nationality. On scrutiny of her application, it was found that the 2nd petitioner acquired Singapore nationality vide certificate, dtd. 5/7/2012 and she is holding Singapore Passport No.K2061600A, dtd. 7/11/2020. She had applied for reissue of Indian Passport at Regional Passport Office, Chennai on 29/12/2016 vide file No.MA2079847990116 by suppressing her nationality and obtained Indian passport No.P7962903 issued on 13/3/2017. The copies of the application form and other documents submitted by the applicant were sent for reference. The reasons given by the petitioners regarding suppression of nationality was not convincing. As per Passport Manual, the Indian Passport holders are required to surrender their passport to the nearest Indian Mission/Passport office immediately after acquisition of foreign nationality. Indian Citizenship Act does not allow dual citizenship. The misuse of Indian Passport as described above constitutes the offence as stated above. Hence, the 3rd respondent sent a complaint to the 2nd respondent, who registered a case in Crime No.94 of 2021.