ORDER

1. Leave granted.

2. Heard the learned counsel for the parties.

3. It is accepted that the charge under Section 188 of the Indian Penal Code, 1860 has not been framed, and hence, the said aspect need not be examined.

4. The provisions of the Foreigners Act, 1946 require compliance, and violations can justify penal action. However, in the facts of the present case, it is apparent that the prosecution of the appellant is not justified and warranted.

5. The appellant was working as Senior Engineer (Construction) with Sprng Energy Private Limited, which had the responsibility of providing the manpower and other facilities at Rewa Solar Plant Project ('site').

6. An employee of M/s. P.S. Enterprises, namely Adarsh Kumar Singh, had visited the site along with two Chinese citizens representing Bosan Robotics Ltd., China. The allegations are that the appellant facilitated this visit by the two Chinese citizens who were on touristvisas. Thus, First Information Report was registered for violation of Section 7 and Section 14 of the Foreigners Act.

7. It is noticeable that the police, after the investigation, had not found any violation of Section 7 of the Foreigners Act and the said provision