J.B. Pardiwala, J.

1. Rule returnable forthwith. Ms. Pathak, the learned APP, waives service of notice of rule for and on behalf of the respondents.

2. By this writ application under Article 226 of the Constitution of India, the writ applicants, serving with the Larsen & Toubro Ltd., seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No. 34398 of 2016 pending in the court of the learned 44th (Ad-hoc) Addl. Civil Judge & JMFC, Vadodara arising from the first information report being II-C.R. No. 176 of 2016 registered with the Vadodara City Police Station, Vadodara for the offence punishable under sections 14(b)(c) and 14C of the Foreigners Act, 1946.

3. The case of the prosecution may be summarized as under;

3.1 The three writ applicants before me are serving with a Multinational Company, namely, Larsen & Toubro Ltd. It is alleged that two Korean citizens viz. (i) Sung Lee Eun and (ii) Lee Cheonho of Hyosung Corporation, visited India on an E-Tourist Visa and stayed at the hotel Surya Palace, Vadodara for the period between 17.11.2015 and 19.11.2015. It is the case of the prosecution that the two Korean citizens convened meetings in connection with the tender for 400/230 KV Switchyard Package Bibyana, Bangladesh 400 MW Project with the officials of the L & T, i.e., the three applicants before this Court. According to the prosecution, the two Korean citizens could not have convened any business meetings with the applicants herein since they had come to India on an E-Tourist Visa. A tourist visa is granted to a foreigner with the sole objective of recreation, sightseeing, casual visit to meet friends and relatives etc. and for no other purpose/activity. In such circumstances, the case of the prosecution is that the two Korean citizens committed an offence punishable under section 14(b)(c), whereas the three applicants could be said to have abetted the main offence and committed the offence under section 14C of the Foreigners Act, 1946.

4. Mr. Raju, the learned senior counsel appearing for the applicants vehemently submitted that the entire prosecution is thoroughly misconceived. According to Mr. Raju, the prosecution is not maintainable in law. Mr. Raju submits that the three applicants are sought to be prosecuted as the abettors. According to him, no offence could be said to have been committed by the two Korean citizens, and in such circumstances, there is no question of abetting the offence. Mr. Raju invited my attention to page-11, which is a document of the Government of India pertaining to the E-Tourist Visa. In the document referred to above, the eligibility has been provided, which reads as under;

"Eligibility

1. International Travellers whose sole objective of visiting India is recreation, sightseeing, casual visit to meet friends or relatives, short duration medical treatment or casual business visit.

2. Passport should have at least six months validity from the date of arrival in India. The passport should have at least two blank pages for stamping by the Immigration Officer.

3. International Travellers should have return ticket or onward journey ticket, with sufficient money to spend during higher stay in India.

4. International Travellers having Pakistani Passport or Pakistani origin may please apply for regular Visa at Indian Mission.

5. Not available to Diplomatic/Official Passport holders.

6. Not available to individuals endorsed on parent's/spouse's passport i.e. each individual should have a separate passport.

7. Not available to International Travel Document Holders."

5. Mr. Raju, thereafter, invited my attention to a document, which is at page-44. Its an E-mail forwarded by the Visa Officers of the Government of India. The document reads as under;

"Dear Applicant,

It is to inform you that the meaning of "casual business" is that you can do any kind of short business meetings or conference within 30 days."

6. In the document, it is clarified that if a foreigne