- (1.) This is an application under Section 401 read with Section 482 of Cr. P. C. filed on 30th September, 2008 to challenge an order being dated 24th September, 2008 passed by learned ACJM, Diamond Harbour in connection with Kulpi P. S. case No. 8 dated 25-1-2008 under Section 14 of Foreigners Act (G. R. No. 101 of 2008).
(2.) The petitioner was arrested in connection with Kulpi P. S. Case No. 8/08 dated 25-1-2008 Under Section 14 of the Foreigners Act at 21.05 hours on 25-1-2008. Allegedly the petitioner had entered into Indian Territory but he failed to produce any valid passport or visa. Upon completion of investigation police submitted charge sheet against the petitioner under Section 14 of the Foreigners Act. It has been alleged in this charge sheet that he was found suspiciously moving at Dakshin Gazipur Bazar under Kulpi Bazar. After submission of charge sheet the learned Magistrate took cognizance of the offence. While considering charge against the petitioner the 1d. Magistrate observed that the case is triable by the Court of Sessions and he committed the case to the Court of Sessions.
(3.) The 1d. Additional Sessions Judge, Diamond Harbour by his order dated 29th March, 2008 passed in connection with S. C. 15(3) of 2008 has opined that case was not triable by the Court of Sessions and it was a case only under Section 14 of the Foreigners Act. Record was remitted back to the 1d. Magistrate. Still the 1d. Magistrate was not satisfied and he by his order dated 25th April, 2008 observed that the matter may be referred to High Court for answering the question whether the case is triable under Section 14 or Section 14A of the Foreigners Act.;