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BIBEK CHAUDHURI
Farida Malik @ Sana Akhtar – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J. – The petitioner is a foreign national, being a citizen of United States of America. She is in incarceration in connection with Mahila (Kishanganj) P. S. Case No. 44 of 2022, dated 2nd of November, 2022, registered under Sections 419 and 420 of the Indian Penal Code, 1860 and Sections 14/14(b) of the Foreigners Act, 1946.
2. It is relevant to mention, at the outset, that in connection with the aforesaid police case, charge-sheet has been submitted before the jurisdictional Court of the learned Subdivisional Judicial Magistrate, Kishanganj cognizance was taken; and the case is at the stage of trial.
3. At this stage, the petitioner has filed the instant writ petition with the following relief: –
“(i) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the First Information Report bearing Mahila (Kishanganj) P.S. Case No. 44/2022 dated 02.11.2022 registered under Sections 419 & 420 of the Indian Penal Code, 1860, Section 14/14(b) of the Foreigners Act, 1946, and consequential proceedings.
(ii) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the Charge Sheet No. 53 of 2022 dated 28.12.2022 filed u
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....
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 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.
Section 4 of Act runs as citizenship by descent.
Anticipatory bail may be granted where the prosecution fails to demonstrate the necessity for custodial interrogation or present sufficient evidence of ongoing criminal activity.
The main legal point established is that the necessity of custodial interrogation and the presence of evidence linking foreign travel to illegal activities are crucial factors in determining the gran....
The court affirmed that obtaining a passport from another country conclusively proves voluntary acquisition of its citizenship, terminating Indian citizenship under the Citizenship Act.
The fundamental right to travel abroad should not be deprived except by a just, fair, and reasonable procedure, as per the principles established by various judgments.
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