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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Craig Allen Moore @ Crag Allen Moore Son of Michael J Moore – Appellant
Versus
State of Bihar through its Home Secretary – Respondent
| Table of Content |
|---|
| 1. petitioners seek quashing of charges based on fir. (Para 1 , 2) |
| 2. petitioners argue no offence committed due to valid documentation. (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondents defend proceedings against petitioners. (Para 8 , 9) |
| 4. court analyzes offences under relevant laws. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court expresses intent to quash illegal proceedings. (Para 17 , 18 , 19) |
| 6. criminal proceedings against petitioners are quashed. (Para 20) |
| 7. petition granted; case concluded. (Para 21 , 22) |
JUDGMENT :
Arun Kumar Jha, J.
The instant criminal writ petition has been filed by the petitioners seeking following relief(s):
i) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the First Information Report bearing Jaynagar P.S. Case No. 323/2024 dated 09.11.2024 registered under Sections 14(b) & 14-C of the FOREIGNERS ACT , 1946, and Section 12(3) of the Passports Act, 1967 and consequential proceedings (Annexure-P/2, Pg.33).
ii) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the Charge Sheet No. 613 of 2024 dated 30.11.2024 filed under Sections 14(b) & 14-C of the FOREIGNERS ACT , 1946, and Sect
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 right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
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 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.
The right to travel abroad is a fundamental right under Article 21, and mere pendency of a criminal case cannot justify the denial of passport issuance.
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