Quash petition
GANGO PADHYAYA
(Querist) 17 September 2012
This query is : Resolved
AN INDIAN WENT TO BANGLADESH FOR A PERIOD OF 4 YEARS ON DOBHI WORK,
THEREUPON FATHER STAYED THERE SON RETURNED TO INDIA, HE MADE MISTAKE THAT OBTAINED PASSPORT IN BANGLADESH AS WELL STUDENT VISA THERE.
BUT HE BORN N INDIA
ALL HIS FATHERS, FORE FATHERS ARE INDIA
HE POSSESS A ADOPTION DEED, PANCHAYAT BIRTH CERTIFICATE, AFFIDAVITS OF PANCHAYAT PRESIDENTS STATING THAT HE BELONGS TO INDIA,
AFTER COMING TO INDIA HE OBTAINED ELECTION CARD, PAN CARD,
IN REMAND REPORT BY POLICE STATED THAT HE BELONGS TO BANGLADESH NATIONAL, FIR FILED UNDER FOREIGNERS ACT SECTION 14, 420 IPC.
HE IS NOW ON BAIL : TO QUASH THE FIR
BUT HE BORN N INDIA
ALL HIS FATHERS, FORE FATHERS ARE INDIA
HE POSSESS A ADOPTION DEED, PANCHAYAT BIRTH CERTIFICATE, AFFIDAVITS OF PANCHAYAT PRESIDENTS STATING THAT HE BELONGS TO INDIA,
CAN I GO QUASH FIR BY FILING ABOVE DOCUMENTS, CAN I OBTAIN QUASH ORDER
Kiran Kumar
(Expert) 17 September 2012
having Bangladeshi Passport itself gives presumption that he is not citizen of India now.
its not a case where quashing will be allowed, merely because he was born in India wont absolve him of criminal liability.
the documentary evidence referred above cannot be appreciated in quashing proceedings, it all be a matter of evidence.
better contest the case on merits and prove your innocence.
