Madras High Court
Dr.Sudha Vetrivendan vs The State Of Tamil Nadu on 22 September, 2022
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
CRL.O.P.No.30220 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.30220 of 2018
and
Crl.M.P.No.17756 of 2018
Dr.Sudha Vetrivendan ... Petitioner/A-1
Versus
1.The State of Tamil Nadu
Rep by its Inspector of Police,
Central Crime Branch (CCB-I), Team-32,
Office of Commissioner of Police,
Vepery.
2.S.Ganesh
S/o.T.V.Subramanian,
Regional Passport Office,
Royala Towers, No.2 & 3,
IV Floor, Old No.785, New No.158,
Anna Salai, Chennai – 600 002. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure to call for the entire records and quash the FIR in Crime
No.244/2018 on the file of the Inspector of Police, Central Crime Branch
(CCB)-I, Team-32, Chennai.
For Petitioner : Mr.Adithya Varadarajan
for Mr.N.Damodaran
Page No.1 of 10
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.30220 of 2018
For Respondent-1 : Mr.L.Baskaran
Government Advocate (Crl. Side)
For Respondent-2 : Mr.B.Rabu Manohar
ORDER
This petition has been filed to call for the entire records and quash the FIR in Crime No.244/2018 on the file of the Inspector of Police, Central Crime Branch (CCB)-I, Team-32, Chennai.
2. The petitioner/accused in Crime No.244 of 2018 for offence under Section 12(1A)(a) of the Indian Passport Act has filed this quash application
3. The gist of the case is that on 02.01.2018, a complaint, received from the Regional Passport Officer addressed to the Commissioner of Police, Chennai stating that the petitioner applied for Indian Passport during 2004 by furnishing her 10th mark sheet, degree certificate and ration card, she had declared in her passport application that she is an Indian by birth. The undertaking given by the petitioner in column 17 of the passport application is “I owe allegiance to the sovereignty, unity and integrity of India and have not voluntarily acquired the citizenship or travel travel document of another Page No.2 of 10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30220 of 2018 country, I have not surrendered or been deprived of citizenship of India. The information given by me is true and I am sole responsible for its accuracy. I am aware that it is an offence under the Passport Act, 1967 to furnish any false information or to suppress any material information with a view to obtaining passport or any other travel document”. Thereafter, on receipt of police verification report on 14.10.2004, Passport bearing No.F1046654 dated 10.12.2004 was issued to the petitioner. The petitioner applied for re- issue of passport No.F1046654 dated 10.12.2004 in the year 2014 under Tatkal scheme and thereafter, the same was renewed. The petitioner again approached the passport office in the year 2016 for surrender of Indian Passport, wherein she admitted that for obtaining Indian Passport (for the first time in 2004 and re-issue in 2014), she suppressed her Malaysian nationality and thereafter a penalty of Rs.1,05,000/- was imposed and surrender certificate issued to the petitioner. Recording these facts, a complaint lodged and a case got registered.
4. The contention of the petitioner is that the petitioner was born in Malaysia in the year 1965. The petitioner’s parents are Indian citizens, but at the time of petitioner's birth they were in Malaysia. Petitioner by birth Page No.3 of 10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30220 of 2018 acquired Malaysian citizenship. Thereafter, she moved along with her parents to India. She did her schooling in the year 1981 in India. After completion of schooling, she joined Government Dental College and completed Bachelor’s in Dental Surgery (BDS) course. During the year 1993, she married a fellow Doctor and thereafter, she is living in Chennai along with her Son. In the year 1994, the Malaysian passport was renewed, which got expired in the year 2003. Thereafter, she was advised to apply for Indian passport, since her parents are Indians and she has been living throughout in India except her birth in Malaysia. There is no relationship or connection in Malaysia. Since, she is an Indian in all aspects she applied for Indian passport in the year 2004. Thereafter got renewed in the year 2014. Later, she came to know that holding of two passports is not proper. Hence, she approached the passport authority to surrender her Malaysian passport. At that time, the authorities informed that she cannot surrender Malaysian Passport in India. She can only surrender Indian Passport, accepting the same, she surrendered her Indian Passport, and a penalty was levied. On 29.08.2016, a sum of Rs.5,000/- levied for suppressing place of birth and a sum of Rs.50,000/- for making application for passport by suppression of information about nationality and additional penalty of Rs.50,000/- has been levied for travelling more than 5 Page No.4 of 10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30220 of 2018 times on Indian Passport after obtaining foreign nationality. Thereafter, the petitioner paid the penalty amount and surrender certificate was issued by the passport authorities, accepting the payment of penalty and detaining the surrendered, Indian passport on 29.08.2016. Thereafter, she approached Malaysian Embassy to leave India, who issued Emergency Certificate dated 12.04.2018 permitting the petitioner to exit India. Thereafter, she travelled to Malaysia to renew her Malaysian Passport. The Indian Passport authorities after imposing and collecting penalty assured the petitioner that no further action would be taken against her and the issue is closed, that is the reason the surrender certificate issued. But during the course, the petitioner came to know that contrary to the assurance given, the first respondent registered a case against the petitioner in Crime No.244 of 2018 dated 08.06.2018 for the offence under Section 12(1A)(a) of the Indian Passport Act, 1967. Hence, the petitioner has approached this Court by way of filing this quash petition.
5. Learned counsel appearing for the second respondent submitted that the petitioner applied for a fresh Indian Passport in the year 2004 vide file No.MASA02710104 dated 29.09.2004 by furnishing her 10th mark sheet, Degree certificate and ration card as documentary proofs. Further, she had Page No.5 of 10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30220 of 2018 given a declaration that she owe allegiance to the sovereignty, unity and integrity of India and also declared that she had no other passport. After police verification report on 14.10.2004, a passport bearing No.F1046654 was issued to the petitioner, which was later re-issued in the year 2014. Further, the petitioner applied for renewal of passport under Tatkal scheme in the year 2014, which was also done. This being so, the petitioner in the year, 2016, approached the passport authorities informing that she was already having Malaysian passport and requested for surrender of a Malaysian passport. Petitioner suppressed her Malaysian nationality and Malaysian passport No.A4599641. Thereafter following Chapter 29 of the Passport Manual, vide Ministry's Circular No.VI/401/1/4/2009 dated 24.03.2009 modified vide Circular of even number dated 03.05.2010, a penalty was imposed for suppression of nationality status and for foreign national using Indian Passport, for suppression of her place of birth, her nationality and travelling in Indian Passport, total penalty of Rs.1,05,000/- imposed on the petitioner. The petitioner paid the penalty amount and thereafter Indian Passport detained and surrender certificate was issued to the petitioner. The petitioner’s Indian passport surrendered and now it is cancelled. Thereafter a complaint has been lodged with the Commissioner of Police and F.I.R. Page No.6 of 10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30220 of 2018 registered. The petitioner obtaining Indian Passport suppressing Malaysian Passport is confirmed. He fairly submitted that now her Indian Passport cancelled, penalty levied and collected. The prosecution is for her past conduct.
6. The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that the complaint received from the second respondent by the Commissioner of Police, which was forwarded to the first respondent and F.I.R. registered. On registration of F.I.R., immediately the petitioner, filed anticipatory bail petition in Crl.O.P.No.17587 of 2018 and obtained anticipatory bail. Thereafter she appeared before the respondent Police for enquiry. During enquiry, she confirmed that she was holding Malaysian passport. On expiry of the same she had Indian passport on wrong advise. Further she informed that now she surrendered the passport, surrender certificate issued and the same has been accepted and penalty levied by the passport authority.
7. Considering the submissions and on a perusal of the material, it is seen that petitioner's parents hail from India. The petitioner, except her birth Page No.7 of 10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30220 of 2018 in Malaysia, she was brought up in India. She did her schooling in India, thereafter completed her graduation in India and got married a fellow Doctor and her family were settled in India. She applied for Indian Passport on expiry of her Malaysian Passport. Thereafter coming to know about the mistake committed by her, she voluntarily surrendered her passport. Her surrender of passport accepted, surrender certificate issued and penalty levied, collection of penalty is a deemed condonation. Now the prosecution has registered an F.I.R. for the offence under Section 12(1A)(a) of the Indian Passport Act, 1967. The petitioner voluntarily surrendered her passport, coming to know about the mistake. Passport authorities having received the passport, after issuance of surrender certificate and collection of penalty, hence, nothing against the petitioner.
8. On the facts and circumstances of the case, it is seen that the petitioner, except for her birth in Malaysia, she was brought up in India in all aspects. Her parents are Indians. She married an Indian Doctor and her son born in India and he is an Indian citizen. The petitioner had paid the penalty and her passport surrendered and the same cancelled. In view of the same, Page No.8 of 10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30220 of 2018 nothing further survives for prosecution and continuation of F.I.R. would amount to abuse of process of law.
9. Accordingly, this Criminal Original Petition is allowed and the F.I.R. in Crime No.244 of 2018 on the file of the first respondent against the petitioner/A1 is hereby quashed. Consequently, connected miscellaneous petition is closed.
22.09.2022 Index: Yes/No Internet: Yes/No rsi To
1.The Inspector of Police, Central Crime Branch (CCB-I), Team-32, Office of Commissioner of Police, Vepery.
2.The Public Prosecutor, High Court, Madras.
Page No.9 of 10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30220 of 2018 M.NIRMAL KUMAR, J.
rsi CRL.O.P.No.30220 of 2018 and Crl.M.P.No.17756 of 2018 22.09.2022 Page No.10 of 10 https://www.mhc.tn.gov.in/judis