There are materials before us to show that the appellant is a citizen of Mauritius. She has been visiting India on Visas issued by India. She, thus, indisputably is not a citizen of India. She might have been staying in India with her relatives as has been contended by the complainant, but it has not been denied and disputed that she is not a citizen of India. If she is not a citizen of India having regard to the provisions contained in Section 4 of the Indian Penal Code and Section 188of the Code of Criminal Procedure, the order taking cognizance must be held to be illegal.
Reportable
Supreme Court of India
Fatma Bibi Ahmed Patel vs State Of Gujarat & Anr on 13 May, 2008
Bench: S.B. Sinha, Lokeshwar Singh Panta
