Court : Patna
Decided on : Dec-01-1999
..... initiated against the petitioner for the alleged offence is an abuse of the process of the court. however, ultimately, if the government of india refused to grant citizenship in that event, the petitioner will immediately leave india without any further delay failing which he shall be liable to be prosecuted under the appropriate provisions of the foreigners act. accordingly, the prosecution ..... the petitioner is quashed and consequently, the application is allowed. in the facts and circumstances of the case, it is desirable that the government of india must consider the prayer of the petitioner for grant of citizenship in accordance with law as early as possible preferably within three months from the date of receipt/production of a copy of this order. ..... he cannot be treated as a foreigner and no penal action can be initiated. the question of grant of indian citizenship of the petitioner is still subjudiced before the government of india. further, the petitioner has been allowed to stay in india till, 1996, he cannot be prosecuted for such offences and, in my view the very initiation of the proceeding ..... period of overstay has been regularised by the government itself, the petitioner cannot be prosecuted for the same period of overstaying in india. it is, further, submitted that since the petitioner has already applied for the grant of indian citizenship and unless and until, the specific order is passed on the request made by the petitioner, he cannot be prosecuted for .....Tag this Judgment!