Allahabad HC Stays Arrest Of Man Accused Of Fraudulently Obtaining Naturalization Certificate, Issues Notice To Home Ministry

The Allahabad High Court recently stayed the arrest of a man in connection to an FIR lodged against him on the allegations of procuring a naturalisation certificate under the Citizenship Act 1955 by fraud. Dealing with a writ petition filed by the petitioner [Meisheng Chiang (Chiang Mei Sheng)] seeking the relief of quashing of FIR, a bench of Justice Sangeeta Chandra and Justice Om Prakash Shukla directed to implead Secretary, Ministry of Home Affairs in the plea and issued a notice to it. Essentially, the petitioner is facing the FIR under sections 419/420/467/468/471 IPC lodged by opposite party No.4, a practising Advocate on behalf of opposite party Nos. 5 and 6, accusing him of producing forged papers and in collusion with the co-accused including public servants procuring naturalization certificate under the Citizens Act, 1955. In his plea, which also seeks an FIR against the Opposite Parties Nos. 4, 5, and 6 for lodging the impugned FIR concealing the material facts, the petitioner claims that he was born in 1943 in Kolkata, studied in India, and applied for a naturalization certificate in 2009. In his further case, the Ministry of Home Affairs held an inquiry, and thereafter, the petitioner was given a naturalization certificate under the Citizenship Act in March 2017. The court was further told that the impugned FIR against the petitioner had been lodged at the behest of Dr Mahendra Singh (President of Mahabodhi Society of India), with whom the petitioner is involved in ongoing litigation. The bench was apprised that the petitioner had filed a Suit under Section 229(B) of UPZA & LR Act for declaration, which was decreed in his favour in November 2021, against which Dr Singh filed an Appeal before the Commissioner, Devi Patan Division, Gonda, where his son was the commissioner. The said appeal was admitted despite being filed late and without an application for condonation of the delay, and interim relief was also granted in favour of Dr Singh. Challenging the said order, the petitioner approached the HC, wherein certain remarks were made against Dr Singh, due to which, as a counter-attack, he filed the instant FIR against the petitioner. Having gone through the FIR and interim orders in favour of the petitioner concerning the pending litigation relating to the land under the UPZA & LR Act, the division bench prima facie opined that the matter required consideration. Thus, the Court stayed his arrest and issued notices to the opposite parties, Nos. 4,5, and 6, and posted the matter for further hearing on March 6. Meanwhile, the petitioner has been asked to cooperate in the investigation. Case title - Meisheng Chiang (Chiang Mei Sheng ) vs. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Deptt. Lko And 5 Others Click Here ToRead/Download Order

Allahabad HC Stays Arrest Of Man Accused Of Fraudulently Obtaining Naturalization Certificate, Issues Notice To Home Ministry

Sparsh Upadhyay

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