Jammu & Kashmir High Court
Sanjay Gupta vs U.T Of J&K & Anr on 8 August, 2025
Serial No.76
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No. 750/2025
CrlM No. 1410/2025
Sanjay Gupta .....Appellant(s)/Petitioner(s)
Through: Mr. Jasbir Singh Jasrotia, Advocate.
Vs
U.T of J&K & Anr. ..... Respondent(s)
Through:
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(08.08.2025)
Petitioner, through the medium of this petition, filed under Section 528
BNSS, seeks quashment of FIR No. 0083/2025 dated 25.06.2025, registered
with Police Station, Nowabad, for offences under Section 7 read with 14 of
Foreigners Act, 1946 on false and flimsy grounds and prays that the case is
nothing but is an abuse of process of law.
Learned counsel for the petitioner submits that the case has been
registered under the Foreigners Act, 1946, which has been repealed by the
Immigration and Foreigners Act, 2025, and the same has been enforced w.e.f.,
04.04.2025, whereas, the impugned FIR was registered on 25.06.2025.
Learned counsel for the petitioner further submits that even otherwise,
petitioner, who is the owner of the Hotel cannot be held guilty for the
commission of offences punishable under Section 7 read with Section 14 of
Foreigners Act, 1946 because the petitioner has no role in the submission of
Form-C under the IVFRT (Immigration, Visa and Foreigners Registration &
Tracking) system, as he cannot be said to be Hotel-Keeper.
Heard.
2
Issue notice to the respondents in the main petition as well as interim
application, returnable within a period of four weeks, subject to the filing of
requisites within one week.
List on 17.09.2025.
Meanwhile, subject to objections and till next date of hearing before the
Bench, investigation in the case FIR No. 0083/2025 dated 25.06.2025, shall
remain stayed.
Modification/variation/ alteration on motion.
(M A CHOWDHARY)
JUDGE
Jammu
08.08.2025
Renu
Renu Bala
2025.08.08 16:07
I attest to the accuracy and
integrity of this document