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Mr. Prince Ben Nnaka vs State Of Nct Of Delhi & Anr on 13 July, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~45
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(CRL) 1233/2021
                                     MR. PRINCE BEN NNAKA                         ..... Petitioner
                                                      Through :    Ms.Rakhi Dubey, Advocate.
                                                      versus
                                     STATE OF NCT OF DELHI & ANR.                  ..... Respondent
                                                        Through : Mr.Tanuj Bhadana, Advocate for
                                                                   Mr.Avinder Singh, ASC for the State
                                                                   with SI Bhojraj Singh, PS Maidan
                                                                   Garhi.
                                                                   Mr. Anurag Ahluwalia, CGSC and
                                                                   Mr. Abhigyan Siddhant, Advocate for
                                                                   Respondent No. 2 (FRRO)
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                      ORDER

% 13.07.2021

1. The hearing has been conducted through Video Conferencing.

2. Exemption allowed, subject to the condition that petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.

3. The application stands disposed of.

4. Exemption allowed, subject to all just exceptions.

5. The application stands disposed of.

W.P.(CRL) 1233/2021

6. This petition is filed with following prayers :

"a) Issue the writ of mandamus directing the respondent No.2 to consider the visa extension application of the petitioner.

b) Issue the writ of mandamus directing the respondent No.2 to release the petitioner from the Lampur Detention Centre."

7. It is submitted by learned counsel for the petitioner that the petitioner was falsely implicated in FIR No.481/2016 under Section 420/467/468/471/120B r/w Section 14 of Foreigner Act.

8. It is submitted that he was arrested and was subsequently granted bail on 30.01.2018 by the learned CMM, Dwarka Courts, Delhi.

9. He has been regularly applying for extension of his Visa with the office of FRRO R.K.Puram, New Delhi and it was extended in 2019 till 10.02.2020. In January, 2020, it was again extended till 10.02.2020. thereafter because of Covid-19 and lockdown the petitioner could not apply for extension for Visa. Though the petitioner yet again applied for extension for Visa on 04.02.2021 but was again arrested 18.03.2021 by the police under Section 14 of the Foreigner Act in FIR No.55/2021.

10. It is the submission of learned counsel for the petitioner that his application for extension of Visa was already pending while he was arrested in the present case and was lodged at Lampur Detention Centre. It is submitted by learned counsel for the petitioner that he has been convicted in the present matter but has already undergone the sentence.

11. Issue notice. Learned counsels for the respondents accept notice and seek time to file report. Be filed before the next date of hearing with an advance copy to learned counsel for the petitioner and be place on record as well.

12. List on 14.09.2021.

YOGESH KHANNA, J.

JULY 13, 2021 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:13.07.2021 16:55