Case Note & Summary
The petitioner, Smt. Tapassi Das, a Bangladeshi Hindu, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the entire proceedings in C.C. No.3541/2014 pending before the III Addl. Civil Judge (Junior Division) and J.M.F.C. at Mysuru City for offences punishable under Section 14(1)(a) and (b) of the Foreigners Act, 1946. The petitioner was born in Rajbari District of Bangladesh. Her family members were victims of Islamic fundamentalism and atrocities against Hindus in Bangladesh. Her grandfather, late Mr. Bijoy Kumar Das, was shot dead by the Pakistan Army in 1971. The petitioner's house was looted by gangs of Islamic fundamentalists, and they were forced to pay Zaziya, a religious tax imposed on non-Muslims by jihadist outfits known as Razakars. Due to these circumstances, the petitioner and her family fled to India in 1995 without any valid travel documents. Since then, the petitioner has been residing in India continuously. The petitioner married Mrinmoy Biswas, an Indian citizen, and has been living in Mysore. The police registered a case against her under the Foreigners Act for entering India without a valid passport or visa. The court, after hearing the learned counsel for the petitioner and the learned Government Pleader, observed that the petitioner entered India in 1995 due to religious persecution and has been residing in India for over two decades. The court held that continuing the prosecution would be an abuse of the process of law and quashed the proceedings.
Headnote
A) Criminal Law - Quashing of Proceedings - Section 482 Cr.P.C. - Foreigners Act, 1946, Section 14(1)(a) and (b) - The petitioner, a Bangladeshi Hindu, entered India in 1995 without a valid passport or visa due to religious persecution. She has been residing in India continuously since then. The court held that continuing prosecution would be an abuse of process of law and quashed the proceedings in C.C. No.3541/2014 pending before the III Addl. Civil Judge (Junior Division) and J.M.F.C. at Mysuru City. (Paras 1-5)
Issue of Consideration
Whether criminal proceedings under the Foreigners Act, 1946 against a person who entered India without valid documents due to religious persecution and has resided continuously for over two decades should be quashed.
Final Decision
The court allowed the petition and quashed the entire proceedings in C.C. No.3541/2014 pending on the file of the III Addl. Civil Judge (Junior Division) and J.M.F.C. at Mysuru City for offences punishable under Section 14(1)(a) and (b) of Foreigners Act, 1946.
Law Points
- Foreigners Act
- 1946
- Section 14(1)(a) and (b)
- Section 482 Cr.P.C.
- Quashing of criminal proceedings
- Long residence
- No travel document
- No valid visa
- Humanitarian grounds
