Madras High Court
Sethu vs Foreigners Regional Registration ... on 5 July, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on : 28.06.2016 Orders Pronounced on : 05.07.2016 CORAM: THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.5122 of 2016 Sethu ... Petitioner Vs. 1.Foreigners Regional Registration Officer/ Foreigners Registration Officer (FRRO/FRO), Shastri Bhawan Annexe, 26, Haddows Road, Chennai. 2.State by : Superintendent of Police, Special Crimes Branch, Central Bureau of Investigation, Shastri Bhawan, Chennai. ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to register the complaint filed by the petitioner dated 06.11.2013 and conduct an investigation as ordained by law and take further action as per law. For Petitioners : Mr.R.Ravindran For Respondents : Mr.B.Rabu Manohar, SCGPC (For R1) Mr.K.Srinivasan, Spl. PP for CBI (For R2) * * * * * ORDER
This petition has been filed by the petitioner praying to direct the respondents to register the complaint dated 06.11.2013 given by the petitioner and to investigate the same as per law.
2.In the affidavit filed in support of the petition, it has been averred by the petitioner that the petitioner was taken into employment by one Li Baoyu, a Citizen of the People's Republic of China. The said Li Baoyu represented himself to be the Regional Manager of M/s.Integrated Project Logistics Ltd., and the said statement was acknowledged by one Mr.V.B.Jayachandran, the Managing Director of M/s.Integrated Project Logistics Ltd, Chennai. They represented that the Head Office of the said Compnay was at New Delhi. The petitioner was employed on 01.10.2012 to the post of General Manager of the said company. It is further stated by the petitioner that the said Li Baoyu coerced employees to take rental premises under their names. Similarly, the petitioner was also coerced by the said Li Baoyu to take a residential house at No.G-9, Jains Saagarika, No.94, Sathyadev Avenue, MRC Nagar, Chennai, exclusively for the use of the said Li Baoyu, on rent on 21.10.2012. The petitioner was surprised, when the Li Baoyu refused to hand over his passport to the petitioner in order to enable the Landlord to submit Tenant Identity Particulars to the jurisdictional Police Station. With great difficulty, the petitioner was able to obtain a photocopy of the Passport from Li Baoyu for the purpose of the rental agreement for the property mentioned above. On perusal of the photocopy of the Passport of Li Baoyu, the petitioner was shock to notice that the type of visa was mentioned as 'business' and it was not meant for work/employment. Subsequently, the petitioner noted down the Passport Number and the Chinese ID Number mentioned on the passport. While so, the petitioner was terminated from service of M/s.Integrated Project Logistics Ltd by the said Li Baoyu on 18.06.2013. Suspecting some foul play on the part of Li Baoyu and M/s.Integrated Project Logistics Ltd, the petitioner filed an application under Right to Information Act, 2007 before the Ministry of External Afairs Consular, Passport and Visa Division, seeking information on the Visa Status of Li Baoyu based on the Passport Number. The Ministry of External Affairs replied to the petitioner on 22.10.2013 stating that there is no such passport number entered into the Online Visa Processing System implemented under IVFRT Project much less a visa issued for the said passport. The petitioner reliably learnt that the passport belonging to Li Baoyu is either forged or non-existent and as such, the said Li Baoyu is staying in India as a foreign alien. The said Li Baoyu is not duly registered as a 'Foreigner' in consonance with the Foreigners Act, 1946 and Registration of Foreigners Act, 1939 and the rules thereunder. It is further stated by the petitioner that the said Li Baoyu is employed with M/s.Integrated Project Logistics Pvot Ltd. without a valid employment visa. The Act of M/s.Integrated Project Logistics Pvt. Ltd. in terminating the services of the petitioner pursuant to obtaining the photocopy of the passport of Li Baoyu, leads the petitioner to suspect that the said company has employed Li Baoyu with the active knowledge and connivance of his illegal presence in India. Hence, the petitioner has given a written complaint on 06.11.2013 to the respondents and the said complaint was received by the 1st respondent; but, no action has been taken on the said complaint. Hence, the petitioner has come forward with the present petition before this Court seeking to direct the respondents to register the complaint given by the petitioner.
3.When the matter was taken up for consideration, the learned counsel appearing for the petitioner made his submissions, adverting to the averments made in the affidavit filed in support of the petition.
4.The learned counsel appearing for the 1st respondent, by filing a detailed counter, submitted that there is no provision of law, for the 1st respondent to register a case and investigate. Further, according to the records of the 1st respondent, the said Li Baoyu, a Chinese National, is holding Passport No.G49057315, valid till 06.03.2021, and business visa No.VM0049045, valid till 05.07.2016, issued at Guangzhou, China. As per the existing visa norms, the said Li Baoyu is permitted to visit and stay in India for his business activities on the strength of his business visa, which is valid till 05.07.2016. The said Li Baoyu has arrived India on a genuine passport and a genuine valid visa for his business activities. Thus, the learned counsel for the 1st respondent sought for dismissal of the petition.
5.Heard both sides and perused the materials available on record.
6.The main grievance of the petitioner is only with regard to the Passport and Visa, which the said Li Baoyu is holding now. According to the learned counsel for the petitioner, the petitioner is having suspicion that the passport belonging to the said Li Baoyu is either forged or non-existent.
7.But, in view of the counter filed by the 1st respondent, it is clear that the said Li Baoyu is holding a valid Passport and it is valid till 06.03.2021 and similarly, his visa is also valid till 05.07.2016. It is further submitted by the learned counsel for the 1st respondent that they have not received any complaint so far.
8.Considering the factual background of this case, I am of the opinion that the petitioner has not made out any case, warranting this Court to entertain the prayer sought for by the petitioner in this petition. Hence, the petition is liable to be dismissed accordingly, the same is dismissed.
05.07.2016 Index : Yes / No Internet : Yes / No ssv To,
1.Foreigners Regional Registration Officer/ Foreigners Registration Officer (FRRO/FRO), Shastri Bhawan Annexe, 26, Haddows Road, Chennai.
2.The Superintendent of Police, Special Crimes Branch, Central Bureau of Investigation, Shastri Bhawan, Chennai.
R.SUBBIAH, J.
ssv Pre-delivery order in Crl.O.P.No.5122 of 2016 05.07.2016