JUDGMENT :

ASHWANI KUMAR SINGH, J.

Heard Mr. Nafisuzzoha, learned counsel for the petitioner, Dr. Krishna Nandan Singh, learned Additional Solicitor General of India being assisted by Mr. Manoj Kumar Singh, learned counsel for the Union of India and Mr. Prabhu Narayan Sharma, learned counsel for the State.

2. The prayers made on behalf of the petitioner in paragraph-1 of the present application are as follows:-

I. For issuance of a writ of Habeas Corpus or any other appropriate writ/writs, order/orders or direction for immediate release of the petitioner from Central Jail, Motihari into the custody of UNHCR, New Delhi, as the petitioner is an UNHCR, Refugee Certificate holder since 2018.

II. For issuance of a writ in the nature of Certiorari or any other writ/writs, order/orders or direction for quashing the Raxault P.S. Case No. 478/2019 dated 29.12.2019 instituted for offences under Section 447 of I.P.C. and u/s 14(B) of Foreigners Act, 1946. The petitioner being a Refugee certificate holder issued by United Nations High Commissioner for Regugees, the case is not make out against the petitioner.

III. For granting of any other appropriate relief or reliefs for which the petitioner may be deem entitled.

3. Learned counsel for the petitioner submitted that the petitioner is a citizen of Islamic Republic of Iran, who resided in India under valid refugee certificate issued by the United Nations High Commissioner for Refugees, New Delhi (for short ‘UNHCR’). He was arrested by the Immigration Office, Raxaul on the basis of a written information given by one Ajay Kumar Pankaj, AFRRO, ICP, Raxaul to the SHO, Raxaul Police Station, East Champaran stating therein that on 28.12.2019 at about 10:00 PM, he was going to Nepal via Raxaul. In the written information, it was further alleged that the petitioner was living in India illegally and he came to Raxaul via Bodh Gaya by Indo-Nepal Bus Service.

4. On receipt of the written report of the informant, Raxaul P.S. Case No. 478 of 2019 was registered on 29.12.2019 for the offences punishable under Sections 447 of the Indian Penal Code and Section 14(B) of the Foreigners Act, 1946 against the petitioner. He was taken into custody and produced before the court of Jurisdictional Magistrate, who remanded him to judicial custody and since then he is in jail.

5. Learned counsel for the petitioner further contended that the petitioner is having valid passport upto 22.06.2023 issued by the Islamic Republic of Iran and he had entered India on the basis of valid VISA. He contended that the allegation made by the informant is completely false and misleading. He further contended that the allegation under Section 14(B) of the Foreigners Act is not applicable against the petitioner. He further contended that at the time of institution of the FIR, the petitioner was having valid certificate of refugee issued by the UNHCR, which was valid upto 13.06.2020. He produced the documents before the informant, but he knowingly and intentionally concealed the above fact and took him under custody. He also contended that the detention of the petitioner in the Central Jail, Motihari pursuant to the remand orders being passed by the Jurisdictional Magistrate since 29.12.2019 is wholly illegal and without jurisdiction. Hence, he submitted that a case for issuance of writ in the nature of habeas corpus is made out.

6. On the other hand, Dr. Krishna Nandan Singh, learned Additional Solicitor General of India being assisted by Mr. Manoj Kumar Singh, learned counsel submitted that no case for issuance of writ in the nature of habeas corpus is made out. He contended that the investigation of the case is complete and the police have submitted charge-sheet in the case. The Jurisdictional Magistrate has also taken cognizance of the offence. In case, the petitioner was aggrieved by the order taking cognizance, he ought to have challenged the said order, but at this stage, it cannot be said that the detention of the petitioner is withou