Patna High CourtCR. REV./965/2016disposed

Syed Naqui Alam v. The State Of Bihar

2016-12-22Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.965 of 2016 ===================================== Syed Naqui Alam Son of Syed Masood Alam, Grand Son Kazi Abdul Quadir, Sakin 34/40 Ward No. 5, Gulshan Equabakl , District Karanchi, Pakistan. At Present S/o Syed Masood Alam at Sahi mohalla, P.S. Arwal, District Arwal. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh For the Respondent/s : Mr. Jagdhar Prasad ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-07-2017 In the judgment and order, dated 22.12.2016, there are typographical errors while quoting Section 14 of the Foreigners Act, 1946, in paragraph 8, wherein, some of the provisions have been typed twice.

The said provision reads thus:- "14.

Penalty for contravention of provisions of the Act, etc.-Whoever- (a) remains in any area in India for a period exceeding the period for which the visa was issued to him;

Patna High Court CR. REV. No.965 of 2016 (7) dt.06-07-2017 2/3 (b) 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;

(c) contravenes the provisions of this Act or of any order made thereunder or any direction given in pursuance of this Act or such order for which no specific punishment is provided under this Act, 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.

Explanation.-For the purposes of this section, the expression "visa"

shall have the same meaning as assigned to it under the Passport (Entry into India) Rules, 1950 made under the Passport (Entry into India) Act, 1920 (34 of 1920)."

Let that part of paragraph 8, which quotes Section 14 of the Foreigners Act, 1946, be substituted by the said Section 14 of the Foreigners Act, 1946, as quoted

Patna High Court CR. REV. No.965 of 2016 (7) dt.06-07-2017 3/3 above.

Let the order, dated 22.12.2016, be treated to be corrected accordingly.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T