JANTRA WANIDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are sought to be prosecuted for the offences punishable under section 14(b) of the Foreigners Act.

(2.) This petition, in my view, deserves to be allowed on two grounds:-

(3.) The specific case of the prosecution is that the petitioners had entered India under tourist visa. Though it is alleged that in violation of the conditions of the visa, the petitioners were found employed in a massage centre, yet, no material is available to show that the petitioners were employed in a massage centre as Therapists at any point of time. On the other hand, the documents produced by the prosecution in support of the charge go to show that except the statement of the witnesses, no other clinching material is available in proof of the said accusations. Even with regard to these statements, it is pointed out that all these statements were recorded in proceedings No.13/2020 registered under sections 3, 4, 5 and 7 of the ITP Act and section 370 of IPC. Statements recorded in the said case have been incorporated in the instant case to make out a case that the petitioners were working as Therapists in the said case. By no stretch of imagination, it could be believed that the customers who had taken therapy could have known the nationality of the petitioners or that the petitioners were the one who had given therapy at the relevant point of time, as such, there is no prima facie material to support the accusations leveled against the petitioners. As a result, the charge brought against the petitioners being groundless and not supported with any prima facie material, the prosecution of the petitioners for the above offences is wholly illegal and amounts to abuse of process of court and therefore, deserves to be quashed in exercise of powers under section 482 of Cr.P.C. Accordingly, the proceedings in Cr.No.14/2020 pending in C.C.No.10933/2020 on the file of Metropolitan Magistrate, Traffic Court, Bengaluru for the offence punishable under section 14(b) of the Foreigners Act is quashed.