TSHIBAMBULA JENNIFER KABANTOBELU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is seeking for quashing of proceedings in C.C.No.10682/2017 arising out of Cr.No.381/2016 registered by Kumbalagudu Police Station for the offence punishable under Section 14 of Foreigners Act, 1946 and Order 7(2) of Foreigners Order, 1948, pending on the file of II Addl. Chief Judicial Magistrate, Bengaluru.

(2.) Petitioner is a Congo National and came to India in the year 2015 on a student visa by joining Padmashree Institute of Management & Science, Kommaghatta, Kengeri, Bangalore. Petitioner got her name registered with the Foreigners Regional Registration Office (for short 'FRRO'), Ramanagara District on 17.03.2015 on the basis of travel documents and certificate issued by Padmashree Institute of Management and Science, Bangalore, residential permit valid up to 31.07.2015 and petitioner did not appear before the FRRO, Ramanagara District after expiry of residential permit nor applied for extension of residential permit. The Principal of Padmashree Institute of Management and Science, Bangalore, where petitioner was studying is said to have informed the FRRO, Ramanagara, by communication dated 25.08.2016 stating that petitioner has continuously remained absent from classes.

(3.) In the above stated circumstances and stay of petitioner being unauthorized in the territory of India on account of violation of Foreigners Act, 1946, Registration of Foreigners Rules, 1992, and Foreigners Order, 1948, an FIR came to be registered against petitioner in Cr.No.381/2016 for the offence punishable under Section 7(2) of Foreigners Order Act, 1948 and Section 14 of Foreigners (Amendment) Act, 2004. After competition of investigation, charge sheet in C.C.No.10682/2017 came to be filed against petitioner for the said offences.