ABINASH DIXIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this petition under Section 482 of Cr.P.C. for quashing of the FIR No.149/2019 registered at Police Station Gurh, District Rewa for offence punishable under Sections 7 and 14 of Foreigners Act, 1946 as also under Section 188 of the IPC. After investigation, charge-sheet has been filed. It has also been prayed to quash all the criminal proceedings emanated from Crime No.149/2019.

(2.) Facts giving rise to this petition, in brief, are that the applicant-Abinash Dixit is working in Sprng Energy Private Limited (here-in-after referred as SEPL) as an Assistant Manager (Project). Madhya Pradesh Urja Vikas Nigam Limited and Solar Energy Corporation of India jointly developed Rewa Solar Plant Project, developing 3 units of ground mounted grid-connected solar photo- voltaic power plants of 250 MW capacity per unit, total capacity of 750 MW. Arinsun Clean Energy Private Limited (hereinafter referred as ACEPL) undertook the development works of Unit 3 of Rewa Solar Project. SEPL is the shareholder of ACEPL, therefore, this SEPL undertake is having responsibility of providing the manpower and other facilities of unit 3 of Rewa Solar Project. One Adarsh Kumar Singh, was working in P.S. Enterprises, the India's representative of China Bosan Robotics Limited Company. Two Chinese citizens, who are working in the Bosan Robotics Limited, came India after receiving the e-tourist visa in India. Adarsh Kumar Singh contacted the applicant- Avinash Dixit. He took both the Chinese citizens at Rewa without informing to Police properly under the Foreigners Act . Both the Chinese citizens came with Robots at the unit 3 of Rewa Solar Project and started demonstration of their product robot for cleaning solar modules at unit 3 of Rewa Solar Project. When concerned Police received the information that two foreigners are doing work at unit 3 of Rewa Solar Project without any information, Police rushed to the spot. Police found that the applicant called the foreigners there and they were demonstrating their products and started cleaning of solar modules. It is found that both the Chinese citizens were come on tourist visa. They were not having any business or employment visa for promoting their products Robots and doing the demonstration of products and the applicant not informed the concerned Police Station about foreigners in the plant. Thereafter, notices had been served and it was found that both the Chinese citizens were doing work in violation of conditions of visa. They had been fined by Police and they were directed to leave India immediately within a given time.

(3.) A report registered against the applicant for doing that unauthorized work illegally without informing the Police. A case had been registered under Section 7 and 14 of Foreigners Act, 1946 against the applicant. There was prohibitory order under force on account of election notification and also registered case under Section 188 of IPC that the applicant also doing that work in contraventions of prohibitory order.