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 prosecution.

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 Section 12(3) of the Passports Act, 1967 (Annexure-P/3, Pg.56).

iii) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the cognizance taking order dated 16.12.2024 by the Learned Court of Chief Judicial Magistrate, Madhubani under Sections 14(b) & 14-C of the FOREIGNERS ACT , 1946, and Section 12(3) of the Passports Act, 1967 (Annexure-P/6, Pg.63).\

iv) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the order framing charge dated 02.01.2025 under Sections 14(b) & 14-C of the FOREIGNERS ACT , 1946, and Section 12(3) of the Passports Act, 1967 by which charge has been framed by the Court of Learned Additional Chief Judicial Magistrate-I, Madhubani (Annexure-P/7, Pg. 64).

v) To issue an appropriate writ/order/direction in the nature of mandamus for commanding the respondents to deport the petitioners to the United States of America in consonance with Section 5 of the Passport (Entry into India) Act, 1920.

vi) To any other relief or reliefs for which the petitioners are found to be entitled in the facts and circumstances of the case.”

2. Shorn of unnecessary details, the facts of the case are that the petitioners are the citizens of the Unites States of America and holders of passports bearing Nos. A07196056 and 669732407. The petitioners have been made accused in Jaynagar P.S. Case No. 323 of 2024 registered under Sections 14(b) and 14-C of the FOREIGNERS ACT , 1946 and Section 12(3) of the Passports Act, 1967. The informant of the FIR received an information that in a white car bearing Registration No. BR-01 PM-6836, which was proceeding from India towards Nepal, two foreign citizens were travelling. One Sonu Kumar Gupta came and stated that foreigner citizens were his relatives. On enquiry, the informant came to know about the petitioners and one Ram Hriday Singh who were sitting in the car. On further enquiry, the petitioners mentioned that on 04.11.2024, they had come from Nepal to Jaynagar with their relative, Sonu Kumar Gupta, and after staying in Jaynagar for four days they were returning to Nepal on 09.11.2024. They also stated that they have been holding valid passports and Visas for Nepal and also e-tourist Visa for entering India. However, it transpired from perusal of the passports that the passports did not contain any Indian Immigration Stamp, leading to inference that petitioners were staying in the country illegally. The passports of the petitioners were seized along with car in which they were travelling and, accordingly, a seizure list was prepared. Thereafter, Jaynagar P.S. Case No. 323 of 2024 was registered. It also transpires that pursuant to the FIR, Charge Sheet No. 613 of 2024, dated 30.11.2024, was submitted under Sections 14(b) and 14-C of the FOREIGNERS ACT ,