Karnataka High Court
Mba Chukuwudi Stanley vs Union Of India on 7 November, 2016
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 07TH DAY OF NOVEMBER 2016
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No.54157 OF 2016 (GM-POLICE)
BETWEEN:
MBA Chukuwudi Stanley,
Aged about 32 years,
Residing at No.04,
Sanni Adewale Street,
Balogun, Lagis Island,
Lagos, Nigeria.
...PETITIONER
(By Shri Dilraj Jude Rohit Sequeira, Advocate)
AND:
1. Union of India,
Represented by Ministry of
External Affairs,
Represented by Additional
Solicitor General,
High Court of Karnataka,
Bangalore - 560 001.
2
2. The State,
Represented by the
State Public Prosecutor,
High Court of Karnataka,
Bangalore International
Airport Police Station,
Bangalore - 560 001.
...RESPONDENTS
(By Shri Krishna S. Dixit, A.S.G., for Respondent No.1;
Smt. R. Anitha, Government Pleader for Respondent No.2)
*****
This Writ Petition filed under Articles 226 and 227 of the
Constitution of India read with Section 482 code of Criminal
Procedure, 1973, praying to allow the petitioner to go back to
his home country by giving set off against entire processing in
Crime No.196/2015 the judgment and conviction passed by
Principal Civil Judge and JMFC., at Devanahalli, recorded on
the basis of the pleading guilty by the petitioner in Crime
No.196/2016, C.C.No.913/2016 pertaining to Bangalore
International Airport Police Station, for the offences punishable
under Section 420, Rule 07(2) of Foreigners Order 1948 and
Section 14 of the Foreigners Act 1946 passed by the Hon'ble
Court of Principal Civil Judge and Judicial Magistrate First
Class, at Devanahalli, Bangalore Rural District at Annexure-A.
This Writ Petition coming on for Preliminary Hearing
this day, the court made the following:
3
ORDER
Heard the learned Counsel for the petitioner and the learned State Public Prosecutor as well as the learned Assistant Solicitor General appearing for the respondents.
2. It transpires that on the basis of a complaint lodged by the Police Superintendent of the Kempegowda International Airport Police, Bengaluru, a case was registered in Crime No.196/2006 for offences punishable under Section 420, Rule 7(2) of the Foreigners Order, 1948 and section 14 of the Foreigners Act, 1946, which is pending on the file of the Court of the Principal Civil Judge and JMFC, Devanahalli, Bangalore Rural District.
In the course of investigation, the Police have arrested the petitioner and remanded to judicial custody. His bail application was rejected. The petitioner having faced the trial, was ultimately found guilty and convicted and sentenced to imprisonment for one year. He did not choose to file an 4 appeal. The petitioner has been in custody since 26.12.2015. Since he has almost completed the term of punishment and since he is an African nationale, hailing from Nigeria, he is before the court pleading that he may be permitted to leave the country and that the remaining portion of the sentence may be commuted. The petitioner has also obtained an air ticket to disclose his intention of leaving India.
3. It was the case of the prosecution that the petitioner had arrived at the Kempegowda International Airport on his way to Lagos, via Dubai and since the VISA of the accused was not valid as it had expired on 19.6.2015. Since he had overstayed in India and since he had created documents to leave the country, he was caught red-handed in this regard. If now, the petitioner wants to leave the country, it is appropriate that he should be sent out of the country immediately.
4. Therefore, if his intention is to leave the country and if he has obtained air ticket, it would be in the interest of 5 justice to commute the remaining portion of the petitioner's sentence and allow him to leave for his home land.
5. It is also stated that the air ticket that has been purchased is for his travel on 14.11.2016. In view of the fact that his passport has been impounded by the court below and he would be required to secure the same from the trial court, he shall be set at liberty on 10th November, 2016, since 12th November is a Second Saturday and 13th November is a Sunday. The trial court shall release his passport, which is kept in its custody and the petitioner may be allowed to leave the country on exit visa. Before leaving the country, the petitioner shall report at the Kempegowda International Airport Police Station to confirm his departure on 14.11.2016.
The petition stands disposed of.
6A copy of this order to be furnished to the learned Counsel for the petitioner.
Sd/-
JUDGE nv