SANU DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This petition under Section 482, Code of Criminal Procedure has been filed by the Petitioners for quashing the F.I.R. dated 01.04.2010 (Annexure-1) registered against them in Badmal P.S. Case No. 59 of 2010 for alleged commission of offence under Section 14 of the Foreigners Act, 1946.

(2.) The allegations in the F.I.R. (Annexure-1), which has been drawn up by the Inspector-in-Charge of Badmal Police Station, are to the following effect:

(3.) It is stated in the petition and submitted by Mr. Sanjit Mohanty, the learned Senior Counsel appearing for the Petitioners that there is nothing like Sub-section (14) of Section 7 in the Registration of Foreigners Rules, 1992 (hereinafter referred to as 'the 1992 Rules') and probably the informant makes a reference to Sub-rule (7) of Rule 14 of the Rules and that even assuming that the informant meant the same, violation of Rule 14 does not attract the penal provision of Section 14 of the Foreigners Act, 1946 inasmuch as the 1992 Rules are not applicable to the Foreigners Act, 1946. It is the further submission of the learned Counsel that the violation of Rule 14 or any other rule of the 1992 Rules by a keeper of a hotel or a Guest House is punishable under Section 5 of the Registration of Foreigners Act, 1939 only with a fine which may extend to Rs. 500/-, in respect of which no F.I.R. could be lodged. It is, therefore, his submission that allegation of commission of offence by the Petitioners under Section 14 of the Foreigners Act, 1946 is wholly misconceived and as such the F.I.R. is liable to be quashed.