SYED NAQUI ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner in the present criminal revision application filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has assailed an order, dated 17.03.2016 passed in Criminal Appeal No. 36 of 2013 by learned third Additional Sessions Judge, Jehanabad, whereby he has affirmed the judgment of conviction and order of sentence of imprisonment for a period of three years recorded by the Court of learned Judicial Magistrate Ist Class, Jehanabad, holding the petitioner guilty of offence punishable under Sec. 14 of the Foreigners Act, 1946. The said trial No. 2765 of 2013 before the learned Judicial Magistrate Ist Class, Jehanabad arose out of Arwal P. S. Case No. 196 of 2012 corresponding to G. R. No. 2111 of 2012.

(3.) Even while assailing the impugned judgments and orders, learned counsel appearing on behalf of the petitioner has not disputed the fact that the petitioner is a citizen of Pakistan. He had travelled to India on the basis of Visa No. V11598679 dated 10.12.2011, which was valid for a period of three months. The Visa expired on 10.02.2012. Despite expiry of the Visa, the petitioner overstayed. On this allegation an F.I. R. was registered being Arwal P. S. Case No. 196 of 2012 on 30.10.2012. He was arrested by the police and he was, thereafter, produced before the learned Judicial Magistrate Ist Class, Jehanabad on 31.10.2012. The police upon completion of investigation submitted charge-sheet on 19.11.2012.