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IN THE HIGH COURT OF JUDICATURE AT PATNA
Arun Kumar Jha, J.
Baraa Fawzi Haameed AL Bayati S/o Shri Fawzi - Petitioner
Versus
The State of Bihar through the Principal Secretary, Home Deptt. and ors. - Respondents
Criminal Writ Jurisdiction Case No.1713 of 2025
Decided On : 14-10-2025
Foreigners Act, 1946 – Sections 3(ii)(a) and 14(A)(B) – Passport (Entry into India) Act, 1920 – Sections 2, 3 and 5 – Passport (Entry into India) Rules, 1950 – Rule 3 – Constitution of India – Article 226 – Illegal stay in India by Iraqi National – Petitioner entered into territory of India without any valid Visa and was a trespasser in Indian territory but he could not be said to have violated provision of Section 14(a) of Foreigners Act – Similarly, there is no application of Section 14(b) of Foreigners Act in case of petitioner as he had not violated any conditions of valid Visa since he was having none – If petitioner was not having any valid Visa, there is no question of violating conditions of such Visa – There is no application of Sections 3(2)(a), 14(a) and 14(b) of Foreigners Act against petitioner and no offence under these provisions are made out against him – There appears no material to infer that petitioner has violated or contravened any provisions of Foreigners Act or order made or direction given therein or failed to comply any directions – Petitioner is having a valid Iraqi passport and could be said to have entered into Indian territory by mistake – Petitioner could have been sent back to Nepal from where he entered into Indian territory – Institution of FIR against petitioner is abuse of process of law and criminal proceeding on the basis of such FIR cannot be allowed to proceed – FIR quashed – Central/State Government directed to take immediate steps for deportation of petitioner to his native country – Court/authority having possession of articles seized from petitioner directed to release the same in favour of petitioner – Petition allowed. (Paras 9, 10, 13 to 17)
| Table of Content |
|---|
| 1. petitioner's request to quash fir based on visa arguments. (Para 1 , 2) |
| 2. petitioner's employment and visa details. (Para 3 , 4) |
| 3. legal precedent and prior judgments cited. (Para 5 , 7) |
| 4. application of the foreigners act and passport laws. (Para 8 , 9 , 10 , 11 , 12) |
| 5. court rules on quashing fir and errors in legal process. (Para 13 , 14) |
| 6. court's order for deportation and release of belongings. (Para 15 , 16 , 17) |
JUDGMENT :
Arun Kumar Jha, J.
The instant criminal writ petition has been filed by the petitioners seeking following relief(s):
“(i) To quash the F.I.R. of Haraiya P.S. Case No. 76 of 2025 registered for the offences under sections 3(ii)(a) & 14(A)(B) of FOREIGNERS ACT , 1946 which is pending for investigation.
(ii) To direct the respondents to release the petitioner from jail who has been in custody since 22.06.2025 illegally and arbitrarily.
(iii) To grant any other relief or reliefs, which may deem fit and proper in the facts and circumstances of the case.”
2. Brief facts of the case are that the petitioner, an Iraqi National, having Passport No. A16420847 and double entry Visa No. VL6166777, entered into the Indian borders from Nepal and on checking of his passport, it was found that he was having double entry tourist Visa issued by the Government of India and he had already availed the same, firstly from 15.05.2025 to 20.05.2025 (arrival at Mumbai Airport and departure from Kolkata Airport) and secondly from 25.05.2025 to 05.06.2025 (arrival and departure from New Delhi Airport). After availing both Visa entries, he remained in India illegally from 16.06.2025. Coming to know about this fact, Haraiya P.S. Case No. 76 of 2025 was registered on 21.06.2025 against the petitioner for offences under Sections 3(2)(a), 14(a) and 14(b) of the FOREIGNERS ACT , 1946 (for short ‘the FOREIGNERS ACT ’).
3. Learned counsel for the petitioner submitted that petitioner is holder of a valid Iraqi Passport and was having valid double entry Visa for Republic of India from 22.04.2025 to 21.10.2025. The petitioner is gainfully employed in United Arab Emirates with one Granada Europe Construction as Senior Technical Manager since 12.11.2017. The petitioner is an Engineer by profession and is also having his own business in Dubai. The employer company of the petitioner is a highly reputed company having annual turnover in billions of dollars and the said company requires thousands of workers from various countries for carrying out their business work. The employer company of the petitioner is registered with the Government of India and for recruitment of Indian workers of all categories, the employer company of the petitioner has also approached the Government of India, Ministry of External Affairs. In the said process, a manpower recruitment agreement dated 10.04.2025 was executed with one Uniq Overseas, Chandigarh, India, which has been operating under the license granted by the Government of India, Ministry of External Affairs for recruitment of sixteen thousand workers of all categories. As the petitioner had been holding a Senior Post, he was deputed by his employer company for recruitment of all categories of workers from India as well as other countries. The employer company of the petitioner issued certificate to the Consulate General of the India, Unites Emirates dated 02.06.2025 regarding travel of the petitioner for business purposes to India for multiple entries and also for attending the project meetings and hiring the manpower. The status of the petitioner including his salary was also specifically mentioned in the letter dated 02.06.2025. During his visits to India on 15.05.2025 to 20.05.2025 and 25.05.2025 to 05.06.2025, the petitioner selected four thousand candidates from various States in India through Unique Overseas agency and other associates for recruitment in employer company at Dubai. This whole process of recruitment and selection of workers has been carried out with the knowledge and concurre
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.
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....
Section 4 of Act runs as citizenship by descent.
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.
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 issuance of a Leave India Notice under the Foreigners Act is lawful when based on documented misrepresentation, upholding regulatory authority without violating natural justice requirements.
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