Karnataka High Court
Mr. Freddy Tshimanga Kanyama vs The Bureau Of Immigration on 16 September, 2016
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER 2016
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.5508 OF 2016
BETWEEN:
Mr. Freddy Tshimanga Kanyama,
Son of Tshimanga Ngoie Aime,
Aged about 21 years,
Permanent resident of
AV Marine No.25,
Q.UPN, C/Nagaliema,
Kinshasa, Congo,
Democratic Republic of the
(Zaire).
Presently residing in
No.360/2/16, Ground Floor,
Bhyrati Village,
Kothnur,
Bangalore - 560 077.
...PETITIONER
(By Shri L. Srinivasa Babu, Advocate)
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AND:
1. The Bureau of Immigration,
Represented by the
Commissioner,
Ministry of Home Affairs,
Government of India,
East Block - VIII,
Sector-1, R.K.Puram,
New Delhi - 110 066.
2. Foreigners Regional
Registration Office,
5th Floor, 'A' Block,
TTMC, BMTC Bus Stand Building,
K.H.Road, Shantinagar,
Bangalore - 560 027.
Represented by
Assistant Solicitor General,
Government of India.
3. The State by Station House Officer,
Kothnur Police Station,
Bangalore - 560 077.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondents)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the FIR in Crime
No.74/2013 on the file of the Metropolitan Magistrate Traffic
Court-I, Bangalore, for the offence punishable under Section
7(2) of Foreigners Order 1948 and Section 14 of Foreigners Act
1946.
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This Criminal Petition coming on for Admission this day,
the court made the following:
ORDER
Heard the learned counsel for the petitioner.
2. The petitioner is said to be a foreign national from the Republic of Congo and he had entered India on a student visa and had undertaken the 'Bachelor of Computer Applications' course and has completed the same. His Visa has expired in the year 2013 itself. Thereafter, the petitioner's repeated applications seeking renewal of his Visa have been negated. It is in this background that the petitioner has blissfully remained in India, even though is Visa had expired in the year 2013 itself. It is by chance that the petitioner has been arrested and his passport has been impounded and an FIR has been registered in Crime No.74/2013 for offences punishable under Rule 7(2) of the Foreigners Order, 1948 and Section 14 of the Foreigners Act, 1946. Subsequently, a charge-sheet has been filed in Case No.C.C.No.1040/2013. The case is pending since the year 4 2013 before the Court of the Metropolitan Magistrate, Traffic Court-I, Bangalore.
3. The petitioner has completed his studies and has now no intention of remaining in India and would like to depart India at the earliest. He had even booked his flight ticket on 22.09.2016 and therefore would undertake that he would leave India immediately if the criminal proceedings are quashed and if the passport which has been impounded by the police and submitted to the court and which is in the custody of the court is returned to him.
4. Since the object of the Act and Rules are to deter foreigners from over-staying in India and if the petitioner for one reason or other did not obtain extension of Visa from 2013, the petitioner being prosecuted and remaining in India would run counter-productive. It is best to get him rid of India at the earliest.
Hence, the petition is allowed and the proceedings before the court below are quashed. The court below is directed to 5 release the passport in favour of the petitioner forthwith, and the petitioner shall file an affidavit that he shall catch the next flight to his country on 22.09.2016. If he remains in India one hour beyond his flight time on 22.09.2016, he shall be arrested and kept in prison till the case is over.
The amount of Rs.25,000/- deposited, shall be refunded to the petitioner.
Sd/-
JUDGE KS