The Patna High Court, while allowing a petition filed for issuance of an appropriate writ/order/direction for quashing the FIR registered under Sections 419 & 420 of the India Penal Code, 1860, Section 14/14(b) of the Foreigners Act, 1946, held that provision of Section 14 of the Foreigners Act gets attracted only when there is an allegation of violation of the conditions of a valid visa issued to a person for his / her entry and stay in India or any part thereunder.
Brief Facts:
The petitioner is a foreign national, being a citizen of the United States of America. She is in incarceration for offenses registered under Sections 419 and 420 of the IPC, 1860, and Sections 14/14(b) of the Foreigners Act, 1946. The petitioner filed an application praying for discharging her on the ground that the petitioner had two passports – one in the name of Sana Akhtar and another in the name of Farida Malik.
Contentions of the Petitioner:
The Learned Counsel for the petitioner submitted that the F.I.R. does not disclose any allegation of fraudulent or dishonest inducement by the petitioner of any other person to deliver any property or to consent that any person shall retain any property or intentionally induce that person to do or omit to do something which he would not do or omit if he was not so deceived.
Contentions of the Respondent:
The Learned Counsel for the respondent submitted that the petitioner had entered into the territory of India without any Visa which is required to be obtained by her from the Government and such illegal entry into the territory of India contravenes the provision of the Foreigners Act, 1946 and she is liable to be prosecuted under Section 14 of the Foreigners Act.
Observations of the Court:
The Court observed that it is a case of unlawful entry into the territory of India by the petitioner and due to such reason, the petitioner should have been deported in terms of Section 5 of the Passport (Entry into India) Act, 1920 instead of facing trial under Sections 419 and 420 of the Indian Penal Code and Section 14(b) of the Foreigners Act, 1946.
The Court noted that the provision of Section 14 of the Foreigners Act gets attracted only when there is an allegation of violation of the conditions of a valid visa issued to a person for his / her entry and stay in India or any part thereunder. On the face of it, this provision is not attracted and none of the ingredients of Section 14 would be satisfied for the purpose of framing charge.
The decision of the Court:
The Patna High Court, allowing the petition, held that the entire proceeding in question is liable to be quashed.
Case Title: Farida Malik v The State of Bihar & Ors.
Coram: Hon’ble Justice Bibek Chaudhuri
Case no.: Criminal Writ Jurisdiction Case No.322 of 2024
Advocate for the Petitioner: Mr. Y. V. Giri
Advocate for the Respondents: Mr. Subodh Kumar Jha
Read Judgment @LatestLaws.com
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