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Showing contexts for: affidavit of examination in chief in Aadi Sreenivas vs Ramesh Chennamaneni And Another on 14 August, 2013Matching Fragments
36. The petitioner who was examined as PW-1 stated in his chief examination affidavit that in the application filed by him in Form III-B made a statement as required under Clause 6(b) of the application that he resided in India throughout the period of 12 months immediately preceding the date of application to bring his case under Section 5 (i)(f) of the Citizenship Act for obtaining a citizenship certificate but he has not filed the entries in passport in proof of the said statement. The specific version of the petitioner is that the first respondent furnished before the authorities only the photo and address portion of the passport but not the entire passport. Ex.P-6 is the true extract of the application for registration certificate in Form III-B filed by the 1st respondent. Ex.P-7 is the copy of the true extract of the passport containing photo and address which was obtained by the petitioner under the Right to Information Act. Ex.P-8 is the true copy of Form-A issued under the Registration of Foreigners Rule, 1939. Ex.P-9 is the copy of residential permit dated 29.03.2008 issued by the Foreigners Registration Officer/Superintendent of Police, Karimnagar.
37. It is stated by the petitioner in his chief examination affidavit that the first respondent has to surrender the residential permit at the time of his departure to a foreign State. On the back of the said permit, there is endorsement of the Superintendent of Police, Karimnagar dated 31.03.2008 stating that Dr.Chennamaneni Ramesh (first respondent) foreigner of German National is intending to departure to Germany on 01.04.2008 through Rajiv Gandhi International Airport, Hyderabad. The said endorsement is marked as Ex.P-10. There is another endorsement of the same officer dated 30.01.2009 stating that the first respondent came to India on 19.01.2009 and reported his arrival in his office on 30.01.2009. The said endorsement is marked as Ex.P-11. According to the petitioner, the aforesaid enclosures were made to show that as on the date of his application on 31.03.2008 he completed one year stay in India. The version of the petitioner is that the first respondent has not reported his arrival in India immediately after 22.01.2007. He has not obtained Form A under the Registration of Foreigners Rules or the residential permit. PW-1 further stated in the affidavit that the first respondent came to India on 28.02.2008 and started the game from 26.03.2008 on which date he applied for residential permit to the Superintendent of Police, Karimnagar. Ex.P-12 is the copy of the letter addressed by the first respondent to the Superintendent of Police for issuing residential permit. According to the petitioner, in the said application, the first respondent did not mention the date of his arrival in India and the Superintendent of Police in his report dated 29.03.2008 sent to the Additional Director General of Police, Intelligence, Hyderabad stated that the first respondent, a German national who arrived Karimnagar District on 22.01.2007 reported his arrival on 26.03.2008. The said report is filed as Ex.P-13.
38. The contention of the petitioner is that all the above said documents were obtained by the first respondent by making false statements. Having secured the above documents on 29.03.2008, he filed an application for certificate of registration on 31.03.2008. The petitioner's version is that the application itself is defective inasmuch as the copy of the entire passport is not enclosed to the application. He pointed out in his chief-examination affidavit that the entries in the passport are the best and only piece of evidence to establish his movements into and out of India. But, without submitting the entire passport before the District Collector, the first respondent has secured the documents and the authorities concerned without any proper scrutiny as to the correctness of the particulars furnished by the first respondent in the application in a casual manner forwarded the application to the State Government on 15.04.2008 with a covering letter and it is marked as Ex.P-14. He further stated that the State Government in turn forwarded the application to the Government of India, Home Affairs which ultimately issued the certificate of registration No.34 dated 03.02.2009 under Rule 10(1) of the Citizenship Rules. Copy of the certificate is marked as Ex.P-15. The grievance of the petitioner is that the authorities at all the three levels of scrutiny have not taken care to verify the claim of the first respondent with reference to the entries in the passport or the immigration records.
39. The petitioner specifically stated in his chief-examination affidavit that the first respondent suppressed the fact that he went out of India on 01.03.2007 and came back to India on 26.11.2007, again gone out of India on 20.12.2007, came to India on 28.02.2008, made the application for registration on 31.03.2008 and went back to Germany on 01.04.2008. Thus, according to the petitioner, between 22.01.2007 and 31.03.2008, the first respondent stayed only 96 days in India. He submitted that the above dates are based on the report of the Superintendent of Police, Karimnagar dated 28.01.2009 and the copy of the report is filed as Ex.P-16.