NIKHIL MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been filed by the petitioner Nikhil Mathur for assailing all proceedings arising out of FIR No.101/2017, Police Station Sadar Kotwali, Jodhpur City East for offence under Section 7 of The Foreigner Act, 1946 (hereinafter referred to as "The Act of 1946" and Clause 14 of The Registration of Foreigners Rules, 1939 (hereinafter referred to as "The Rules of 1939").

(2.) At the relevant point of time, the petitioner herein used to operate a guest-house by the name of Krishna Prakash Heritage Haveli located at Naya Bas, Killikhana, Jodhpur. Two Korean citizens namely Hyeji Im and Wangseok Jang checked into the petitioner's guest house on 21.07.2017 at 11:30 hours. It is alleged that the mandatory form No.'C' of both these foreigners were not forwarded to the competent authority and came to be deposited as late as on 22.07.2017 at 21:47 and 21:50 hours, respectively. Accordingly, the impugned FIR came to be registered by the Police Inspector Mr. Ajim Khan at the Police Station Sadar Kotwali, Jodhpur City (East) with the allegation that the petitioner had failed to transmit copy of the mandatory form No. 'C' of these foreigners within twenty-four hours of their arrival at the hotel and thus, he was liable for the offences under Clause 14 of the Rules of 1939 and Section 7 of the Act of 1946.

(3.) The petitioner has approached this Court through this Misc. Petition under Section 482 Cr.P.C. for quashing of the aforesaid FIR on the premise that as both the foreigners checked in on 21.07.2017 at 11:30 pm and the petitioner had forwarded the mandatory Form No. 'C' of both the foreigners to the concerned authority within twenty-four hours of their arrival, i.e. on 22.07.2017 at 21.47 and 21.50 hours (9:47 pm and 9:50 pm) respectively, prima facie, no offence is made out against the petitioner.