The petitioner herein is a citizen of Switzerland. He is being prosecuted at the instance of the Valappad Police, on the allegation that he attended a meeting in violation of the conditions of his Visa. He came here on a tourist visa, on 1.7.2014. On 28.7.2014, on his way, he happened to notice a condolence meeting at Triprayar. Probably out of curiosity he stepped into the meeting place and addressed the gathering voluntarily without being invited by anybody. He just introduced himself, who he is, and he also appreciated the greatness and sanctity of our democratic polity governed by Rule of Law. But our police thought that he is a radical, because the meeting which he addressed was in fact a condolence meeting organized by a political faction, which is said to be a radical group. He was arrested on the spot, and the Sub Inspector of Police registered a crime against him under Sections 14(b) of the Foreigners Act, 1946 (for short 'the Act'). In rocket speed the investigation proceeded, and within no time the police submitted final report against him under Section 14(b) of the Foreigners Act 1946. Section 14 of the Foreigners Act reads as follows:

"14. Penalty for contravention of provisions of the Act, etc- Whoever-

(a) remains in any area in India for a period exceeding the period for which the visa was issued to him;

(b) does any act in violation of the conditions of the valid visa issued to him for his entry and stay in India or any part thereunder;

(c) contravenes the provisions of this Act or of any order made thereunder or any direction given in pursuance of this Act or such order for which no specific punishment is provided under this Act, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the convicting Court why such penalty should not be paid by him."

2. The specific allegation against him in the final report, under Section 14(b) of the Act, is that he attended a public meeting here in violation of the conditions of the Visa issued to him. The said prosecution is sought to be quashed under Section 482 of the Code of Criminal Procedure, on the ground that such a prosecution cannot be legally sustained, because attending a meeting by itself will not amount to the offence punishable under Section 14(b) of the Act.

3. At the very outset I required the learned Director General of Prosecution to tell the court what condition of Visa was in fact violated by the petitioner. The learned Director General of Prosecution drew the attention of this Court to the copy of the Visa appended to the passport of the petitioner. The conditions in the said Visa are as follows: "Non- extendable and non-convertible, Not valid for prohibited/restricted and contonment areas". The prosecution is not able to say whether the Visa contains any other condition. The unfortunate foreign national had to be in jail as remand prisoner for some time. However, now he is on bail. It requires to be examined thoroughly whether attending a meeting by itself will attract a prosecution under Section 14(b) of the Act. When the Court repeatedly asked the prosecution what exactly is the condition violated by the accused, the prosecution repeatedly answered that he attended a meeting when the Visa issued to him does not authorise him or allow him to attend any such meeting. Copy of the Visa appended to the petitioner's passport does not contain any such condition that the tourist shall not attend any meeting in India. During arguments the learned Director General of Prosecution further submitted that if not under Section 14(b) of the Act, the prosecution can well proceed under Section 5 of the Registration of Foreigners Act 1939. This section provides that any person who contravenes,