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DEVAN M. DESAI
Sandipkumar Ramdas Prabhu – Appellant
Versus
State of Gujarat – Respondent
ORDER (ORAL)
Heard learned advocate Mr. Hriday Buch with learned advocate Mr. Darshan Varandani for the petitioner and learned Appellant Ms. Monali Bhatt for the respondent-State. Though served, none appears for respondent No.2.
2. Considering the facts and circumstances of the case and with consent of learned advocates for the parties, the matter is taken up for final disposal forthwith.
3. By way of the present petition filed under Articles 226 and 227 of Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), petitioner has prayed to quash and set aside the impugned FIR being C.R.No.II-10 of 2015 registered with Dahej Police Station, District: Bharuch for the offence punishable under Sections, 13, 14© and 14-C of the Foreigners Act, 1946 and other proceedings arising therefrom qua him.
4. Brief facts narrated in the present petition are as under:-
4.1 The Complainant, upon an inquiry discovered fact that on dated 20/11/2014, total 29 Chinese nationals have arrived on business visa at Indo Baijin Chemicals Pvt. Ltd. Company. The visas were “Not Valid for Work/Employment”. Chinese nationals were found working in th
Violation of Visa Rules – A foreign national cannot be apprehended simply on cynic suspicion.
The court ruled that it lacks jurisdiction to direct visa issuance in bail proceedings, emphasizing the distinction between judicial custody and executive detention under the Foreigners Act.
An FIR against a foreign national for overstaying a visa can be quashed if no violation of visa conditions occurred, emphasizing deportation over criminal prosecution.
The registration of an FIR for a non-cognizable offence is not allowed as per the Criminal Procedure Code.
Charges under the Foreigners Act and Passports Act are not sustained when valid visas and passports are presented without immigration stamps; the appropriate legal remedy is deportation instead of pr....
The court clarified that valid entry negates the applicability of harsher penalties under section 14A of the Foreigners Act for overstaying.
The prosecution of the appellant was not justified and warranted. The court quashed the criminal proceedings against the appellant.
Section 4 of Act runs as citizenship by descent.
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