MANISH LODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been filed by the petitioner Manish Lodha for assailing all proceedings arising out of FIR No.145/2017, Police Station Sadar Bazar, Police Commissionerate Jodhpur for the offences 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 'Blue House' located at Dabgharo Ki Gali, Jodhpur. Two British citizens namely Isabel Beatrice and Jack Warman checked into the petitioner's guest house on 25.04.2017 at 14:41 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 27.04.2017 at 17:02 and 17:12 pm respectively. Accordingly, the impugned FIR came to be registered by the Police Inspector Mr. Arvind Sirvi at the Police Station Sadar Bazar, Police Commissionerate Jodhpur with the allegation that the petitioner forwarded these mandatory forms after a delay of two days and two hours and thus, he was liable for the offences under Clause 14 of "The Registration of Foreigners Rules, 1939" (hereinafter referred to as "The Rules of 1939") and Section 7 of "The Foreigners Act, 1946" (hereinafter referred to as "The Act of 1946"). The petitioner has approached this Court through this Misc. Petition under Section 482 Cr.P.C. for quashing of the said FIR on the premise that the same does not disclose necessary ingredients of cognizable offences. Shri Om Mehta, learned counsel representing the petitioner vehemently and fervently urged that no prima-facie offence is made out against the petitioner from a bare reading of the FIR.

(3.) Shri Mehta contended that the FIR has been wrongly registered with reference to the violation of "The Registration of Foreigners Rules, 1939" whereas, no such Rules exist and rather, the statute applicable to the situation would be "The Registration of Foreigners Act, 1939" (hereinafter referred to as "The Act of 1939"). He points out that "The Registration of Foreigners Rules, 1992" (hereinafter referred to as "The Rules of 1992") were framed by the Central Government in the year 1992 in exercise of powers conferred upon it under Section 3 of "The Act of 1939". Rule 2 of "The Rules of 1992" defines "the Act" to mean "The Registration of Foreigners Act, 1939" and there is no reference to "The Act of 1946" in these Rules. No corresponding amendment has been made in "The Act of 1946" so as to make "The Rules of 1992" applicable thereto. He submits that as per Rule 14 of "the Registration of Foreigners Rules, 1992", every hotel or guesthouse keeper is required to transmit "Form No.C" to the 'Registration Officer' within 24 hours from the arrival of any foreigner. Breach of this Rule entails violation of Section 5 of "The Act of 1939" which is a non-cognizable offence punishable with one year's imprisonment or with fine. He thus urges that if at all, the petitioner was to be prosecuted for not forwarding the form No. 'C' on time, the offence, if any, attributable to the petitioner would be that under Section 5 of "The Registration of Foreigners Act, 1939" read with Clause 14 of the Rules of 1992 which is a non-cognizable offence and no FIR could have been registered for such offence. In support of his contentions, Shri Om Mehta relied upon following judgments:-