M.S. SONAK, J.

1. Heard Mr. D. Pangam, learned Amicus Curiae and Mr. P. Faldessai, learned Additional Public Prosecutor for Respondent Nos.1, 2, 3 and 5.

2. Originally, Criminal Writ Petition No.199 of 2018 was instituted by Mr. Chidiebere Charles Onuchukwu, Nigerian National, who was then, in judicial custody at Central Colvale Jail, Goa, in order to question the FIR No.214/2018 dated 9th November, 2018 registered by the Calangute Police Station against him for violating the provisions of Sections 3 and 4 of the Passport Entry Act, 1920, Rules 3(2)(a) and 6(a) of Passport Entry into India Rules, 1950 and Section 7(1)(iii) of Foreigners Order 1948, all punishable under Section 14 of the Foreigners Act, 1946.

3. On 10th December, 2018, upon hearing Mr. T. George John, learned Advocate for the Petitioner and Mr. P. Faldessai, learned Additional Public Prosecutor for Respondent Nos.1, 2 and 3, we made the following order.

"The learned Addl. Public Prosecutor appearing for the State has invited our attention to the judgment in the matter of Christian Chidieere Chukwu vs. The State of Karnataka and others, (2016) CriLJ 2947 decided on 18.2.2016. The issue in relation to overstay o