Case Note & Summary
The applicants, eight nationals of Myanmar, arrived in India on 2 March 2020 on tourist visas obtained on arrival at Kolkata airport. They traveled to Delhi and then to Nagpur by train, reaching on 6 March 2020. On 8 March 2020, they prepared online C-Forms under the Foreigner Regional Registration Office (FRRO) and submitted hard copies on 9 March 2020 to various authorities including the Muslim Cell, Special Branch, Police Control Room, Nagpur, FRRO, and State Intelligence Department. On 11 March 2020, they gave their entire schedule of activities to Police Station, Gittikhadan, under whose jurisdiction they stayed until 21 March 2020. On 22 March 2020, due to the Janta Curfew called by the Government of India, they were shifted to Markaz Center at Mominpura, Nagpur, within the jurisdiction of Police Station, Tahsil, and informed the police station, though no acknowledgement was obtained due to the curfew. The police instructed them to remain in isolation at Markaz Center, and the women were kept in a private residence at Bhankhed. Despite their compliance, an FIR was registered against them under Section 14 of the Foreigners Act, Section 3 of the Epidemic Disease Act, 1897, and Section 51 of the Disaster Management Act, 2005. The applicants filed this application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the FIR and charge-sheet. The court held that the applicants had valid tourist visas and had complied with all registration requirements; there was no allegation that they violated any visa condition or overstayed. The court found no mens rea or intentional violation of any law. The court quashed the FIR and charge-sheet, observing that continuing the proceedings would be an abuse of the process of law.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Inherent Powers - The High Court quashed FIR and charge-sheet against Myanmar nationals who had valid tourist visas and had complied with C-Form registration requirements, holding that continuation of proceedings would be an abuse of process of law as there was no mens rea or violation of visa conditions (Paras 1-10).
B) Foreigners Act, 1946 - Section 14 - Violation of Visa Conditions - The applicants had valid tourist visas and had registered their presence with FRRO; there was no allegation that they violated any visa condition or overstayed, hence Section 14 was not attracted (Paras 3-9).
C) Epidemic Disease Act, 1897 - Section 3 - Violation of Orders - The applicants were shifted to Markaz Center on government advice and remained in isolation; there was no intentional violation of any order under the Act (Paras 3-9).
D) Disaster Management Act, 2005 - Section 51 - Punishment for Obstruction - The applicants did not obstruct any disaster management measures; they complied with directions to stay in isolation, hence Section 51 was not attracted (Paras 3-9).
Issue of Consideration
Whether the FIR and charge-sheet against the applicants for alleged violations of the Foreigners Act, Epidemic Disease Act, and Disaster Management Act should be quashed under Section 482 CrPC when the applicants had valid tourist visas and had complied with registration requirements.
Final Decision
The court allowed the application and quashed the FIR bearing C.R. No. 178/2020 and charge-sheet bearing registration No. 6076/2020 pending before the Judicial Magistrate, First Class, Nagpur.
Law Points
- Quashing of FIR under Section 482 CrPC
- Lack of mens rea
- Compliance with registration requirements
- Tourist visa validity
- COVID-19 related offences
- Foreigners Act Section 14
- Epidemic Disease Act Section 3
- Disaster Management Act Section 51
Case Details
2020 LawText (BOM) (09) 67
Criminal Application (APL) No. 453 of 2020
V. M. Deshpande, Amit B. Borkar
Shri J. H. Aloni for applicants, Shri V. A. Thakare, A.P.P. for non-applicant/State
Hla Shwe, Ohn Myint, Khin Maung Than, Daw Thaung, Shar Hu Har Med, Khin May Than, Myint Thein, Chaw Sulwin
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and charge-sheet.
Remedy Sought
Quashing of FIR bearing C.R. No. 178/2020 and charge-sheet bearing registration No. 6076/2020 before the Judicial Magistrate, First Class, Nagpur.
Filing Reason
The applicants, Myanmar nationals, were arraigned for offences under Section 14 of the Foreigners Act, Section 3 of the Epidemic Disease Act, and Section 51 of the Disaster Management Act despite having valid visas and complying with registration requirements.
Issues
Whether the FIR and charge-sheet against the applicants should be quashed under Section 482 CrPC for lack of mens rea and compliance with law.
Whether the applicants violated any condition of their tourist visa or any order under the Epidemic Disease Act or Disaster Management Act.
Submissions/Arguments
The applicants submitted that they had valid tourist visas, registered with FRRO, informed police of their schedule, and were shifted to Markaz Center on government advice; there was no violation of any law.
The State opposed the application, arguing that the applicants violated visa conditions and COVID-19 orders.
Ratio Decidendi
The High Court held that where the applicants had valid tourist visas, complied with registration requirements, and there was no allegation of violation of visa conditions or intentional disobedience of orders under the Epidemic Disease Act or Disaster Management Act, the continuation of criminal proceedings would be an abuse of the process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
By virtue of this application under Section 482 of Code of Criminal Procedure, 1973 (in short 'the Code'), the applicants, who have been arraigned for the offences punishable under Section 14 of the Foreigners Act, Section 3 of the Epidemic Disease Act, 1987 and Section 51 of the Disaster Management Act, 2005 seek quashing of the F.I.R. bearing C.R. No. 178/2020 and charge-sheet bearing registration No. 6076/2020 before the Judicial Magistrate, First Class, Nagpur.
The applicants are nationals of Myanmar, who had obtained Tourist Visa on arrival from Netaji Subhash Chandra Bose International Airport, Kolkatta to visit India and to attend religious seminars in India.
On 08.03.2020, online C-Form was prepared under the Foreigner Regional Registration Office and its hard copy was submitted on 09.03.2020 to Muslim Cell, Special Branch, Police Control Room, Nagpur, FRRO and State Intelligence Department, Nagpur.
At 06.30 am on 22.03.2020 the applicants were shifted to Markaz Center at Mominpura, Nagpur within the jurisdiction of Police Station, Tahsil and the information to that effect was provided to the Police Station but, the acknowledgement was not obtained due to Janta Curfew.
Procedural History
The applicants filed Criminal Application (APL) No. 453 of 2020 under Section 482 CrPC before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No. 178/2020 and charge-sheet No. 6076/2020 registered at Police Station, Tahsil, Nagpur. The court heard the matter via video conferencing on 21.09.2020 and allowed the application, quashing the FIR and charge-sheet.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Foreigners Act, 1946: Section 14
- Epidemic Disease Act, 1897: Section 3
- Disaster Management Act, 2005: Section 51
