EL MUSTAFA EL FATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Cr. P. C. , challenging the following portion of the order dated 5-8-2004 passed by the learned Metropolitan Magistrate (Traffic Court-I), Bangalore, in C. C. No. 407/04: the State is directed to take steps to deport the accused after the period of sentence. "

(2.) THE petitioner is a Sudan Nationalist, aged about 23 years. It is stated that he has been admitted to Brindavan College (formerly National First Grade College), 2nd cross, Bhoopasandra, R. M. V. Extension II stage, Bangalore and the Bangalore University has permitted his admission for first semester in B. C. A. , for the academic year 2004-05. He was arrested on the ground that he did not possess valid permit and visa. It was claimed by the petitioner that his Passport No. 908324, dated 11-2-2002 valid till 10-2-2005 and a valid visa had been lost. He further claimed that in respect of that, he lodged a complaint in Ramamurthy Nagar police Station, Bangalore. To the charge, he pleaded guilty, and the learned Metropolitan Magistrate while convicting him for violation of the provisions of paragraph 7 (1) (2)of the Foreigners Order, 1948 punishable under Section 14 of the Foreigners Act took a lenient view considering that the petitioner is a student and sentenced him to undergo s. I. for 15 days and to pay a fine of Rs. 500/-, in default to undergo S. I. for 10 days.

(3.) TAKING into consideration the period of detention in judicial custody for 4 days, the petitioner was directed to undergo the remaining period of 11 days' sentence. There was a further direction by the learned Magistrate to the State to take steps to deport the accused after the period of sentence, which portion of the order has been challenged by the petitioner in the present petition.