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Case Against Five Thailand Nationals Quashed by the Karnataka HC [READ ORDER]

Case Against Five Thailand Nationals Quashed by the Karnataka HC [READ ORDER]
Five Thailand Nationals were allegedly accused in the case of Cr.No.14/2020 pending in C.C.No.10933/2020. This was filed in the office of the Metropolitical magistrate, Traffic Court, Bengaluru. On Monday, i.e. September 21st, the Karnataka High Court quashed this case. 

These 5 accused persons were charged under Section 14 (b) of the Foreigners Act, 1946

Section 14(b) of the Foreigners Act, 1946 reads as “Whoever does any act in violation of the conditions of the valid visa issued to him for his entry and stay in India or any part thereunder shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the convicting Court why such penalty should not be paid by him.”

The matter was presided by a Single Bench of Hon’ble Justice John Micheal Cunha. The Hon’ble justice opined that the petitioners were residents of Thailand. After the case was quashed, it this the duty of the court to ensure that the petitioners were deported to their country.

In the present matter, the prosecution presented that the petitioners had entered India via a tourist visa. The accused persons were allegedly found to be employed in a massage center that violated their visa conditions. However, the prosecution was unable to provide any proof of the petitioners’ employment.

In this instant case, the court opined, “By no stretch of the imagination, it could be believed that the customers who have taken therapy could have known the nationality of the petitioners or that the petitioners were the one who had given therapy at the relevant point of time, as such, there is no prima facie material to support the accusations leveled against the petitioners.”

The court has also ordered the deportation of these persons.

Subsequently, petitioners No, 2, and 5 obtained the Exit Permits. The court has directed the other petitioners to make arrangements to obtain Exit Permits.

“petitioners shall produce copies of all these documents through their counsel before this Court by 12.00 noon on 23.09.2020. of the on-line applications are submitted by the petitioners, the respondent No. 3 shall pass necessary orders thereon, without a delay.”




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