ZHOVTAN DMYTRO Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THESE three writ petitions have been filed by the respective petitioners for a certiorari to call for the records of the respondent/chief Immigration Officer dated 30. 12. 2004 and to quash the same. It is sufficient to extract the statement of facts in W. P. No. 983 of 2005 in view of the fact that all the three writ petitions proceed on the same background of facts.

(2.) THE petitioner claims to be a Ukrainian National and he is staying in Auroville, Pondicherry since 1992. According to him, his stay in India is lawful with the permission of the concerned authorities duly obtained from time to time. He was peacefully living at the above address and he was engaged in the activities of the Auroville Foundation.

(3.) A criminal complaint came to be filed against him and three others by the Station House Officer, Kalapet Police Station, Pondicherry for the alleged offences under Sections 294, 354, 323 and 506 Part II read with Section 34 I. P. C. The said complaint was given by one Thathagater Satpathy and his wife Adyasha Satpathy alleging that on 1. 1. 2002, when they came to the New Year Get-Together in the premises, the petitioner along with three other persons used abusive language against them, assaulted them and also threatened them with dire consequences. They are also alleged to have caused simple injuries. The said complaint was registered by the Station House Officer as Crime No. 2 of 2002. A charge sheet was filed before the learned Judicial Magistrate No. II, Pondicherry as C. C. No. 129 of 2002.