The registration of an FIR for a non-cognizable offence is not allowed as per the Criminal Procedure Code.

JUDGMENT

Sandeep Mehta, J. - The instant criminal misc. petition has been filed by the petitioner Nikhil Mathur for assailing all proceedings arising out of FIR No.101/2017, Police Station Sadar Kotwali, Jodhpur City East for offence under Section 7 of The Foreigner Act, 1946 (hereinafter referred to as "The Act of 1946" and Clause 14 of The Registration of Foreigners Rules, 1939 (hereinafter referred to as "The Rules of 1939").

2. At the relevant point of time, the petitioner herein used to operate a guest-house by the name of Krishna Prakash Heritage Haveli located at Naya Bas, Killikhana, Jodhpur. Two Korean citizens namely Hyeji Im and Wangseok Jang checked into the petitioner's guest house on 21.07.2017 at 11:30 hours. It is alleged that the mandatory form No.'C' of both these foreigners were not forwarded to the competent authority and came to be deposited as late as on 22.07.2017 at 21:47 and 21:50 hours, respectively. Accordingly, the impugned FIR came to be registered by the Police Inspector Mr. Ajim Khan at the Police Station Sadar Kotwali, Jodhpur City (East) with the allegation that the petitioner had failed to transmit copy of the mandatory form No. 'C' of these foreigners within twenty-four hours of their arrival at the hotel and thus, he was liable for the offences under Clause 14 of the Rules of 1939 and Section 7 of the Act of 1946.

3. The petitioner has approached this Court through this Misc. Petition under Section 482 Cr.P.C. for quashing of the aforesaid FIR on the premise that as both the foreigners checked in on 21.07.2017 at 11:30 pm and the petitioner had forwarded the mandatory Form No. 'C' of both the foreigners to the concerned authority within twenty-four hours of their arrival, i.e. on 22.07.2017 at 21.47 and 21.50 hours (9:47 pm and 9:50 pm) respectively, prima facie, no offence is made out against the petitioner.

4. Learned counsel Shri L.S. Udawat and Shri D.S. Sodha, representing the petitioner, submit that the controversy involved in the case at hand is squarely covered by the ratio of judgment rendered by this Court in the case of Manish Lodha v. State of Rajasthan (S.B. Criminal Misc. Petition No.429/2018) decided on 05.01.2021, wherein this Court held that violation of Clause 14 of the Rules of 1992, as alleged by the prosecution in the impugned FIR, would entail an offence under Section 5 of the Act of 1939, which carries punishment of one year or fine and thus, it would be non-cognizable as per Part II of Schedule I of the Criminal Procedure Code. They thus, urge that even if the allegations set out in the impugned FIR are accepted to be true, for the sake of argument, then also, the impugned FIR and all the proceedings sought to be undertaken pursuant thereto deserve to be quashed in light of the judgment referred to supra.

5. The judgment dated 05.01.2021 passed in the case of Manish Lodha (supra) is reproduced hereinbelow:-

"The instant criminal misc. petition has been filed by the petitioner Manish Lodha for assailing all proceedings arising out of FIR No.145/2017, Police Station Sadar Bazar, Police Commissionerate Jodhpur for the offences under Section 7 of "The Foreigner Act, 1946" (hereinafter referred to as "The Act of 1946" and Clause 14 of "The Registration of Foreigners Rules, 1939" (hereinafter referred to as "The Rules of 1939").

6. At the relevant point of time, the petitioner herein used to operate a guest-house by the name of 'Blue House' located at Dabgharo Ki Gali, Jodhpur. Two British citizens namely Isabel Beatrice and Jack Warman checked into the petitioner's guest house on 25.04.2017 at 14:41 hours. It is alleged that the mandatory form No.'C' of both these foreigners were not forwarded to the competent authority and came to be deposited as late as on 27.04.2017 at 17:02 and 17:12 pm respectively. Accordingly, the impugned FIR came to be registered by the Police Inspector Mr. Arvind Sirvi at the Police Station Sadar Bazar, Police Commissionerate Jodhpur with the allegatio