- (1.) This is a petition under Section 482 of the Cr.P.C for quashing of FIR No.40 dated 28.05.2010 registered under Section 14(A) of the Foreigners Act, 1946 and Section 5 of the Registration of Foreigners Act, 1939 and Section 3(2)(A) of the Passport (Entry into India) Act, 1920 registered at Police Station Nangal, District Roop Nagar, Punjab and all proceedings arising therefrom against the petitioner herein.
(2.) The petitioner-Ms. Olga Timoshik is a professional qualified photo journalist. She is a Russian National and has been very often visiting India. In the year 2010, she visited Jaipur, Rajasthan for the purpose of collection of data relating for the purpose of exhibition "India Siberia 2010" which was supposed to be held up in December 2010 in Krasnoyarsk, Russia.
(3.) The background of case of the prosecution is evident from the FIR. The same reads as under :- " Officer Incharge Police Station. Today, Jai Hind along with Man SI/SHO, ASI Pawan Kumar I/C PP Naya Nangal, HC Kishore Chand, HC Raghuvir Singh 1161, ct. Vasadev 734 chiefs were going from Bhibor Sahib to village Swamipur Bagh. At around 12.15 p.m., police along with team reached nearby Kali Mata Mandir, which is border line of the village Bhibor Sahib. A foreigner in the monk appearance having age of about 40-45 was coming who has been stopped by Man SI/SHO. He told his name Thomas Kuhn s/o Julius Kuhn, resident of Barlach, Street 12, 21073, Hamburg, Germany and he was not able to provide any documents related to passport or visa for coming and staying in India and coming or living in India without passport or Visa is a crime u/s 14(a) of the Foreigners Act, 1946 and Section 3(2)(a) of the Passport (Entry into India) Act, 1920. Therefore, aforesaid Thomas Kuhn s/o Julius Kuhn has been taken to police station by ct. Vasadev 734. Case should be filed and provided with case number. Special reports should be issued. Control room should be informed. Man SI/SHO along with staff should investigate.";