RATTI KHAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision filed by Ratti Khan is directed against the order of learned Additional Sessions Judge, Delhi, refusing to interfere with the order whereby charge under para 7. of the Foreigners Order, 1948 punishable under section 14 of the Foreigners Act. 1946, (Act XXXI of 1946) hereinafter referred to as the order and the Act has been framed against the petitioner.

(2.) THE brief facts of the case are that the petitioner is a Pakistani national and holds Pakistan passport No. P.S.G. 7692/9 dated 12th June, 1963. On the strength of that passport the petitioner secured visa from the Indian High Commission, Karachi, for visiting Nagliaya (Alwar District) in Rajasthan for a period of three months. The petitioner entered India on 4th September, 1963 through Hussainiwala Check -post in Ferozepore district, Punjab. The petitioner was then issued a temporary residential permit by the Registration Officer at Hussainiwala under para. 7 of the order permitting the petitioner to remain in India at Nagliva until 17th September, 1963. The petitioner was further directed to exchange the temporary permit for a regular permit from the Registration officer direct having jurisdiction in Nagliya, or through the police -station having jurisdiction at that place not later than 17th September, 1963. On 5th September, 1963 at about 1 -30 p.m. The petitioner was found in Chandni Chowk, Delhi. He was, accordingly, arrested and challaned for alleged contravention of para 7. of the Order. The trial Magistrate framed a charge against the petitioner under para 7, of the Order read with section 14 of the Act. Revision -petition was then filed by the petitioner stating that he had not contravened any of the provisions of the Order and the trial Magistrate was not justified in framing a charge against him. The revision petition was, as stated above, rejected by the learned Additional Sessions Judge, Delhi. The petitioner has, accordingly, come up in revision to this Court.

(3.) I , accordingly, accept the revision, quash the charge framed against the petitioner and discharge him.