Allahabad High Court grants stay on the arrest of man accused of obtaining citizenship through fraudulent means.

The Lucknow Bench of the Allahabad High Court has granted a stay on the arrest of an individual accused of obtaining a naturalization certificate under the Citizenship Act, 1955 through fraudulent means.

The Division Bench, comprising Justice Sangeeta Chandra and Justice Om Prakash Shukla, issued the order while hearing a petition filed by Meisheng Chiang (also known as Chiang Mei Sheng).

The petition seeks the following relief:

  • A writ in the nature of Certiorari to quash the First Information Report (FIR) filed under sections 419/420/467/468/471 IPC at Kotwali Nagar Police Station, District Ayodhya, on January 10, 2025.
  • A writ in the nature of Mandamus directing the authorities not to proceed with the investigation, prosecution, or arrest of the petitioner in connection with the FIR.
  • A writ in the nature of Mandamus directing the authorities to register an FIR against the complainants for lodging a false FIR and concealing material facts, invoking Section 182 IPC (pertaining to false information).

The FIR, lodged by the complainant (a practicing advocate) on behalf of the other two opposite parties, alleges that the petitioner submitted forged documents in collusion with co-accused, including public servants, to obtain a naturalization certificate under the Citizenship Act, 1955, from the Ministry of Home Affairs, Government of India.

The petitioner’s counsel contends that the petitioner, born in Kolkata in 1943, had applied for a naturalization certificate after submitting necessary documents in response to a request from the Senior Superintendent of Police in Faizabad. Following an inquiry by the Ministry of Home Affairs, the petitioner received the naturalization certificate in March 2017.

The petitioner claims that the FIR challenging the naturalization certificate was filed at the instigation of Dr. Mahendra Singh, President of the Mahabodhi Society of India, due to ongoing litigation between them. The petitioner further states that a suit under the UPZA & LR Act was decided in his favor in November 2021, but Dr. Singh filed an appeal, which was admitted despite delays in the process.

The court, having reviewed the FIR and interim orders related to pending land litigation, deemed the matter worthy of further consideration. The next hearing is scheduled for March 6, 2025.

In the meantime, the court has prohibited the petitioner’s arrest pursuant to the contested FIR. However, it has directed the petitioner to cooperate with the investigation, as the police report indicates that the petitioner has not yet appeared before the Investigating Officer for a statement.

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