DEVIPRIYA VASSOUDEVANE Vs. STATE

JUDGEMENT

(1.) The criminal original petitions have been filed to quash the proceedings in CC.Nos.2031 and 2032 of 2021 on the file of Chief Metropolitan Magistrate, Egmore, Chennai, thereby taken cognizance for the offences under Sec. 12(1-A)(a) of Passports Act, in Crime Nos.274 and 303 of 2019, as against the petitioners.

(2.) The case of the prosecution is that the petitioners, who are brother and sister, have applied for fresh passport at Regional Passport Office, Chennai on 8/3/2005 and 14/2/2007 respectively at Regional Passport Office, Chennai by suppressing their nationality and acquiring French Nationality as early as in the year 1989 by the judgment of the District Court, Paris, France. They were issued Indian Passport. They have acquired French Nationality and issued with the certificate of French Nationality on 28/9/1989. They have suppressed this fact and applied for fresh Indian Passport and they were issued Indian Passport No.F2153366 and No.G3716302 at Regional Passport Office, Chennai on 8/3/2005 and 14/2/2007 respectively. Subsequently they obtained renewed passport No.G1797890 and No.Z2691523 on 8/2/2007 and 9/9/2014 respectively. Again, the petitioner in Crl.OP.No.6111 of 2021 obtained renewed passport No.P3670806 on 15/9/2016. Therefore, they had committed offence under Sec. 12 (1-A)(a) of Passports Act. Further alleged that the Consular General of French, while issuing certificate to the petitioners stated in the certificate that a person who has never held a French passport or a French identity card, even if previously eligible for French nationality can only be considered as being of French nationality and they had also mentioned that the petitioners had been issued with certificate of French nationality in the year 1989 itself. Thereafter, the petitioners obtained French passport on 1/7/2019 in passport No.19DH75427 and No.19DH75428. Therefore, the second respondent lodged complaint and the first respondent registered FIR in crime Nos.274 and 303 of 2019 and after completion of investigation, filed final report. The trial court had taken cognizance for the offence under Sec. 12(1-A)(a) of Passports Act.

(3.) Mr.B.Kumar, learned Senior Counsel appearing for the petitioners submitted that when the petitioners were minor, their mother applied before the District Court in France as she was a French Citizen for declaration that her minor children born to her are French citizens. At that time, the petitioners were aged about 8 years and 12 years respectively. Therefore, the petitioners had no knowledge about the order passed by the Court in France. Their father was an Indian. They born in India to an Indian citizen and as such, they became Indian citizens. The person who is an Indian citizen at the time of independence to continue to have status as the person is a citizen by birth as they born on 29/4/1981 and 7/10/1977 after 26/1/1950 but before December, 1992, as prohibited under Sec. 4(a) of the Indian Citizenship Act. A minor who is a citizen of India by virtue of Sec. 4 is also citizen of any other country, is ceased to be citizen of India if he/she does not renounce citizenship or nationality of any other country within six months of attaining full age. Thus, it requires knowledge that the petitioners had become citizen of France in the year 1989.