Punjab-Haryana High Court
Rajveer Sehgal vs State Of Punjab And Another on 22 August, 2013
Author: Sabina
Bench: Sabina
CRM No.M-26916 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(215)
CRM No.M-26916 of 2011 (O&M)
Date of decision: 22.08.2013.
Rajveer Sehgal
......Petitioner
Versus
State of Punjab and another
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Pawan Kumar, Senior Advocate with
Mr. Anshuman Mandhar, Advocate
for the petitioner.
Ms. Harsimrat Rai, DAG, Punjab.
Mr. P.S. Dhaliwal, Advocate for respondent No.2.
****
SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No.119 dated 27.06.2011 under Sections 420, 465, 468 and 471 of the Indian Penal Code, 1860 registered at Police Station Moga.
Learned Senior Counsel for the petitioner has submitted that petitioner has been falsely involved in this case. In fact, petitioner was having dual citizenship and was entitled to get Arms Licence in India in view of Citizenship Act, 1955. In fact, the Sandeep Sethi 2013.08.27 17:02 I attest to the accuracy and integrity of this document CRM No.M-26916 of 2011 (O&M) -2- Arms Licence issued to the petitioner was initially valid from the year 2010 and October, 2012 and thereafter, had been revalidated. Petitioner is ready to surrender the licence. Petitioner has recently got married in India. The FIR in question had been lodged with a view to stop the wife of the petitioner to accompany him to America. Learned Senior counsel has further submitted that no specific averment had been made against the petitioner in the FIR and he was merely named as an accused.
Learned State counsel as well as counsel for respondent No.2, on the other hand, have opposed the petition and have submitted that petitioner had submitted a false affidavit at the time of obtaining Arms Licence by stating that he was resident of India and did not hold citizenship of any other country, although, petitioner is citizen of America and is settled there.
Prosecution story, in brief, is that the organization of the complainant had come to know that certain Non-Resident Indians (NRIs) were getting issued Driving Licences, Ration Cards and Arms Licences on the basis of the false affidavits and forged documents and were also purchasing agricultural land. Accused Hardev Singh Johal and Balwinder Singh Johal for the last 30 - 40 years, by submitting false affidavits, had got prepared Driving Licences, Ration Cards and Armed Licences. They had also purchased land in Village Dhaleke, although, no foreign citizen could purchase agricultural land in India. Petitioner is also named as an accused in the FIR. Sandeep Sethi 2013.08.27 17:02 I attest to the accuracy and integrity of this document CRM No.M-26916 of 2011 (O&M) -3- During investigation, it transpired that the petitioner was residing in America for the last number of years and was an American citizen. Petitioner had got issued Arms Licence in his name by furnishing incorrect facts. In the affidavit submitted by the petitioner he had averred that he was citizen of India and was not citizen of any other country. Driving Licence was issued in favour of the petitioner on 20.11.2008. Petitioner had given his address as resident of Dashmesh Nagar, Moga. Ration Card was also issued in favour of the petitioner. As per the copy of the passport of the petitioner placed on record during investigation, he was resident of United States of America and was having a passport issued by the said country which was valid from 22.06.2004 to 21.06.2014.
As per Annexure P-5, petitioner has been issued Passport No.A-434912 as Overseas Citizen of India on 10.06.2009. However, a perusal of affidavit submitted by the petitioner (Annexure R-1) attached with the reply filed by respondent No.2 reveals that petitioner while applying for Armed Licence had submitted as under:-
"That deponent is citizen of India and does not hold citizenship of any other country."
The said affidavit was submitted by the petitioner on 10.09.2009. Although, petitioner was citizen of America but he had submitted a false affidavit by stating that he was not holding citizenship of any other country. In the form submitted by the petitioner (Annexure R-2) also, he had stated in column as under:- Sandeep Sethi 2013.08.27 17:02 I attest to the accuracy and integrity of this document CRM No.M-26916 of 2011 (O&M) -4-
"Name of the country to which he belongs - India."
Thus, the petitioner had submitted a false affidavit at the time of seeking an Arms Licence. On the basis of the declaration made by the petitioner, Arms Licence was granted to him. In these circumstances, no ground to scuttle the criminal proceedings at the very threshold is made out.
Dismissed.
(SABINA) JUDGE August 22, 2013.
sandeep sethi Sandeep Sethi 2013.08.27 17:02 I attest to the accuracy and integrity of this document