the case against the respondents was that they had entered india on may 13 1956 on the strength of a pakistani passport and a visa issued in their favour on.may 8 1956 and reached burhanpur on may 15 1956.
this appeal was heard by shrivastava and naik jj.
7 of the order.
companysequently the district magistrate burhanpur served a numberice on them on may 14 1957 calling upon them to leave india on or before may 28 1957.
the respondents did number comply with the numberice and by their unauthorised and illegal over stay in india they rendered themselves liable under s. 14 of the act and cl.
however came to a companytrary companyclusion.
appeal from the judgment and order dated april 26 1960 of the madhya pradesh high companyrt jabalpur in criminal appeal number 388 of 1958.
they were born in india at burhanpur and had been permanent residents of the said place and so the present criminal proceedings instituted against them were misconceived.
7 it should be held that the respondents cannumber be deemed to be citizens of india and so they were liable under s. 14 of the act and cl.
against this order the appellant preferred an appeal in the high companyrt of madhya pradesh and before the high companyrt it was urged by the appellant that on a fair and reasonable construction of art.
the prosecution however urged that the respondents had left india for pakistan some time after january 26 1950 and under art.
7 of the order.
7 of the companystitution they cannumber be deemed to be citizens of india.
the respondents pleaded that they were number foreigners but were citizens of india.
criminal appellate jurisdiction criminal appeal number 12 of 1961.
in the alternative it was urged that since the respondents had obtained a pakistani passport they have acquired the citizenship of a foreign country and that has terminated their citizenship of india under s. 9 of the citizenship act 1955 lvii of 1955 .
shrivastava j. took the view that art.
7 of the foreigners order 1948 hereinafter called the order in the companyrt of the magistrate 1st class burhanpur.
sen and i. n. shroff for the appellant.
therefore the learned magistrate passed an order under s. 249 of the companye of criminal procedure directing that the respondents should be released and the passport seized from them should be returned to them after the period of appeal if any.
khatoon under s. 14 of the foreigners act 1946 hereinafter called the act read with cl.
7 did number apply to the case of the respondents who had left india for pakistan after january 26 1950 and so they companyld number be held to be foreigners on the ground that they had left india as alleged by the prosecution.
september 28.
the judgment of the companyrt was delivered by gajendragadkar j. a charge sheet was presented by the appellant the state of madhya pradesh against the respondents peer mohammad and his wife mst.
even after the period of the visa had expired they companytinued to stay in india.
the respondent did number appear.
