( 1 ) THIS petition has been filed for quashing of FIR No. 297/2007 under sections 419/420/468/471 IPC P. S. IGI Airport by the petitioner on the ground that there was no offence made out against the petitioner in view of the allegations leveled against him within India. The petitioner has already suffered and undergone sentence for applying driving licence in UK and over staying there, he cannot be prosecuted for the same offence twice. The brief facts for the purpose of deciding that the petitioner was deported from UK along with deportee papers and two passport Nos. F-5459622 and A-335175 issued in the name of Gurwinder Singh. The reason for deportation of the accused was mentioned as over staying. A scrutiny of his passport was done by Immigration when he reached in India and UK stickers affixed on the passport No. F-5459622, cover Page jacket of passport No. A3351375, departure stamps of Delhi immigration dated 24. 5. 97 and 25. 2. 01 on pages No. 6 and 10 and arrival stamp on Page 10 were all found forged. He was enquired and he disclosed that he had gone on a tourist visa to Paris and from Paris one agent arranged his illegal entry into UK where he stayed for 6-7 months and where he was given a fake passport affixed with forged stickers of UK. He was apprehended in UK and deported. ( 2 ) THE counsel argued that all offences stated in the FIR were committed in UK and no offence was committed in India, the FIR was liable to be quashed. ( 3 ) SINCE the forgery in this case was in respect of passport and arrival and Departure stamps of Delhi Immigration as well as jacket of the passport, an FIR was registered and investigation proceeded. Even if an offence committed by an Indian citizen outside India, a case can be registered in India in view of section 188 Cr. P. C. and investigation can be done to find out as to who were persons involved in the crime. The plea of double jeopardy taken by petitioner is also not tenable.
Even if an offence committed by an Indian citizen outside India, a case can be registered in India in view of section 188 Cr. P. C. and investigation can be done to find out as to who were persons involved in the crime. The plea of double jeopardy taken by petitioner is also not tenable. Section 300 (1) provides as under:- " A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence, shall while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1)of section 221, or for which he might have been convicted under sub-section (2)thereof. " ( 4 ) IT is clear that in case a person cannot be made to face the trial for the same offence twice. It is not the case of the petitioner that he was facing second trial. The case is still at investigation stage and as and when case is sent for trial the plea that he has already undergone imprisonment in UK for the offences can be raised before court concerned. ( 5 ) I consider it is not a fit case for quashing of the FIR. The writ petition is hereby dismissed.