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2023 Supreme(Mad) 1162

V. SIVAGNANAM
Mohamed Mominwar Hossain – Appellant
Versus
vs State by the Inspector of Police, Tiruppur Rural Police Station, Tiruppur – Respondent


Advocates appeared:
For the Appellant:M. Mohamed Saifulla, Advocate. For the Respondent:C.E. Pratap, Govt. Advocate (Crl.side).

JUDGMENT

(Prayer: This Criminal Appeal has been filed under Section 374(2) Cr.P.C. to call for the entire records in connection with S.C.No.26 of 2019 on the file of the Principal Sessions Court at Tiruppur and set aside the conviction and sentence imposed by the Learned Principal Sessions Court at Tiruppur in S.C.No.26 of 2019 dated 15.12.2022.)

1. The criminal appeal has been filed to call for the entire records in connection with S.C.No.26 of 2019 on the file of the Principal Sessions Court at Tiruppur and set aside the same.

2. The fact of the case is that this appellant is the 7th accused in S.C.No.26 of 2019 on the file of the Principal Sessions Judge, Tiruppur. The appellant/ 7th accused is Bangladesh Nationals. On 09.11.2018, this appellant (A7) with other Bangladesh National persons were found to be residing at Sevvanthanpalayam, Kunnagalpalayam and Pazhavanjipalayam of Tiruppur Town without having valid identity for their entry to India and for stay as mandate under Section 3 of the Foreigners Act, 1946. Thereby, the appellant (A7) along with other Bangladesh National persons (A1 to A6 & A8) had committed the offence punishable under Section 3(1) r/w Section 14 (c) of the Fo

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