Common Order

Petitioner in Crl.M.C.No.1561/2007 is the second accused in C.C.No.1623/2005 on the file of Judicial First Class Magistrate's Court, Varkala. Petitioners in Crl.M.C.No.2127/2007 are accused 1 and 2 in C.C.No.13/2007 on the file of Chief Judicial Magistrate's Court, Ernakulam. The petitioners are being tried for the offence under Foreigners Act, 1946. These petitions are filed under Section 482 of Code of Criminal procedure to quash the proceedings as against the petitioners contending that even if the prosecution case is accepted, no offence as alleged is made out.

2. Prosecution case in C.C.No.1623/2005 on the file of Judicial First Class Magistrate's Court, Varkala is that, in violation of the law that when accommodation is provided to a foreigner in a hotel or resort, that fact is to be reported to the police by the keeper of the hotel or resort, petitioner/second accused, who is the owner of Eden Garden Resorts, did not furnish Form-C as prescribed and instead kept it at the resort itself and thereby the accused committed an offence under Section 7 read with Section 14 of Foreigners Act. Prosecution case in C.C.No.13/2007 on the file of Chief Judicial Mag