The court held that criminal prosecution against a foreign national for offenses punishable by up to seven years may be withdrawn to facilitate deportation, following the Ministry of Home Affairs' SOP designed to prevent the misuse of legal procedures to prolong stay in India.

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. QUASH THE CHARGE SHEET DTD 03.05.2024, FILED IN CR.NO.108/2024 OF ELECTRONIC CITY POLICE STATION AND THE ENTIRE PROCEEDINGS IN C.C.NO.3353/2024 PENDING BEFORE THE LRD.CJM BANGALORE RURAL, IN SO FAR AS THE PETITIONER (ACCUSED NO.2) IS CONCERNED.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking the following prayer:

a) “Quash the charge sheet dated 03.05.2024, filed in Crime No.108/2024 of Electronic City Police Station and the entire proceeding in C.C.No.3353/2024 pending before the learned CJM Bangalore Rural, insofar as the Petitioner (Accused No.2) is concerned.

b) Pass any other order/s or direction/s as this Hon’ble court deems fit and necessary in the facts and circumstances of this case in the ends of justice.”

Heard the learned counsel Sri. Igwe Remigius Chibueze appearing for the petitioner, learned HCGPP Sri. Channappa Erappa, for respondent No.1 and learned DSGI Sri. Shanthi Bhushan for respondent No.2.

The petitioner, an Ugandan citizen is caught in the web of proceedings in C.C.No. 3353/2024, for offences punishable under Sections 3 , 4, 5 and 7 of the Immoral Traffic Prevention Act, 2006 and Section 14 of the Foreigners Act, 1946. The maximum punishment in all these cases, if in the event of the petitioner getting convicted, is 7 years or less. The petitioner submits that she is now wanting to go back to her Country but is unable to go back to her country on the score that her visa and passport have been expired. At present, she is detained in respondent No.3 – detention centre.

The Additional State Public Prosecutor representing the respondent – State would also submit that in terms of the Standard Operating Procedure, if prosecution is withdrawn, the petitioner can be consequently remanded to the FRRO.

Learned DSGI Sri. Shanthibhushan submits that action would be taken in terms of the SOP if the State Government will withdraw the prosecution and place the material before the Foreigners Regional Registration Office (FRRO for short).

I have given my anxious consideration to the submissions made by the learned counsel for the parties and have perused the material on record.

The afore narrated facts are not in dispute. The petitioner gets embroiled in a crime for the afore quoted offences. The plea of the petitioner before this Court is that, she wants to go back to her country. The issue would be whether pending prosecution against the petitioner for the afore-quoted offences, can the petitioner be sent back to her country – Uganda. The Government of India on 25.11.2025, has issued a Standard Operating Procedure, governing the withdrawal of prosecution in cases involving foreign nationals, with the avowed objective of facilitating their deportation. The preamble to the said SOP records circumstances which necessitated its formulation. The preamble is as follows:-

“I am directed to say that misuse of legal procedures by certain foreign nationals who intentionally implicate themselves in criminal offences to delay deportation or gain prolonged stay in the India has been observed by the Law Enforcement Agencies in various States/UTs. Once the case is registered, these foreigners use various legal and procedural tactics viz., repeated adjournments sought on medical grounds, change of counsel, filing frivolous applications before the trial Court such as bail & discharge, absconding between hearings, claiming refugee status on frivolous ground during pending trial and by challenging various stages of trial procedure in higher courts. These tactics have often resulted in prolonged under trial detention or bail with restrictions, effectively allowing them to remain in India for years and expand their criminal activities, gangs and organized crimes in the country.

2. This matter came up for consideration at the DGs