CHOI MIKIEONG Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.0036 dated 24.01.2017 under Sections 3/14 of the Foreigners Act, 1946 (for short 'the Act'), registered at Police Station DLF, Phase-1, Gurgaon and the order dated 09.06.2017, vide which the charges were framed against the petitioner as well as all the subsequent proceedings arising out of the FIR.

(2.) Brief facts of the case are that the petitioner is a citizen of South Korea and is presently residing in India on business visa, as she is one of the Directors/partner of Greenarae Hospitality Pvt. Ltd. The petitioner is lessee of a premises in Gurugram, where a guest house under the name and style 'Golden Eyes' is running, though, the petitioner's ordinary place of business is in Kancheepuram, Tamil Nadu. The petitioner has also acquired Aadhar Card at her address of Appur, Kancheepuram, Tamil Nadu. She has employed staff for proper running and maintenance of the aforesaid guest house at Gurugram and day to day management is maintained by the staff employed by her.

(3.) As per allegations in the FIR, on 24.01.2017, the police party headed by ASI Rishi Pal inspected the aforesaid guest house and on asking by him, the person, who was sitting on reception of the guest house, told his name as Manish and produced the register of guest house, in which it was found that there was an entry at Sr. No.1 dated 17.12.2016 at page No.1, in the name of PARK YONGSEOK (KORIA), Passport No.MO7686505 KORIA. When ASI Rishi Pal asked aforesaid Manish about the Form 'C', he told that he used to look after only the maintenance work and further said that he could tell about the same after asking from owner of the guest house i.e. the petitioner and after asking from the petitioner, aforesaid Manish said that no Form 'C' of the foreigner was filled up. Thus, the petitioner has committed the offence under Sections 3/14 of the Act.