S. Kumar, J.

This Criminal Writ Petition has been filed by Fadi Fadel a Lebanese citizen for issuance of writ of certiorari to quash Sitamarhi P.S. Case No. 432 0f 2016 instituted for the offence punishable under Sections 467, 468, 471, 120B and Section 13/14 (B) of Foreigner Act and all other consequential benefits arising therefrom. The petitioner further prays to deport him back to his country or to hand him over to his embassy for deporting him back in terms of provisions of the Foreigners Act, 1946. The petitioner is a citizen of Lebanon and is accused in Sitamarhi P.S. Case No. 432 of 2016.

Learned Senior Counsel appearing on behalf of the petitioner submits that petitioner was working in Dubai since 2012 in an oil and gas company as a logistics coordinator, his contract had expired in December 2015 so he was looking for a place to get a one year vacation before starting another contract. The petitioner after Nepal earthquake decided to go and volunteer in helping earthquake victims. It has been further submitted that petitioner was volunteering in Nepal. Photographs of work done by the petitioner and other volunteers helping earthquake victims and their family to restore their house has been enclosed with petition. He also rescued two juvenile girls from sex trafficking, all process was under supervision of Nepali police and maiti Nepal NGO representative to show the bonafide and credentials of petitioner.

2. Petitioner bought a motorcycle in Katmandu, Nepal from a tourist who had bought the motorcycle from Goa in India. The petitioner was driving to Pokhara and lost his way and reached Hetauda, where he slept in the night at guesthouse. After he woke up, he decided to ask if Tanakpur border is near, as the bike he bought from a tourist who came from India to Nepal by bike, its validity was to be renewed at this border i.e. Tanakpur. Petitioner also wanted to check the process and route of visiting India through this border to India in his next trip. The petitioner was planning for a tour in India after applying for a visa after his next contract. The petitioner had no access to internet so he started asking people about the way to Tanakpur they understood that he was asking to go to Janakpur (a famous place in India), everyone started telling him to move straight only. The petitioner also stopped at a Nepali police station where he had a cigarette smoke break with the police and they also guided him the same, as such he moved forward and when he reached a petrol station with a sign of Indian oil, he could realize that he is inside the Indian territories. As India and Nepal have open border the petitioner unknowingly entered into India.

3. The petitioner started asking for help, due to language problem it became very difficult to communicate and one person advice him to go to immigration office and when the petitioner asked him where is it then he was told that it was in Delhi and thereafter petitioner asked persons how to go Delhi and one person introduce to him as a IB person and started interrogating him. Meanwhile some one informed Local police station that one foreigner is roaming on motorcycle at Mohanpur Chowk. On receiving said information informant/officer in-charge of police station with other police personnels reached Mohanpur Chowk and found one foreigner standing with motorcycle at Mohanpur Chowk. The informant asked the name and whereabouts of the person then he disclosed his name as Fadi Fadel and further told about his whereabouts. The informant checked the belongings of the Fadi Fadel and prepared seizure list of all his belongings and brought him to police station.

4. It has been submitted by Sr. Counsel appearing on behalf of the petitioner that he was given due regard and hospatility by the Officer-in-Charge of the police station but the language problem was still there. The Officer-in-charge of the police station was very kind and friendly with him and invited him to his office and offered him