IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.44318 OF 2017 (GM-PASS) BETWEEN:
MR LIM SENG HUAT S/O LIM AH LENG, AGED 60 YEARS PERMANENT RESIDENT OF:
BLOCK 748 PASIR RIS ST 71, #14-22 SINGAPORE 510748, AND PRESENTLY RESIDIGN AT:
BEARYS LAKESIDE HABITAT OMEGA FLAT NO.111, 11TH FLOOR, BENGALURU, KARNATAKA-560092. … PETITIONER (By Smt. NALINA MAYEGOWDA, ADV.) AND:
1. FOREIGNERS REGIONAL REGISTRATION OFFICE 5TH FLOOR, "A" BLOCK TTMC, BMTC BUS STAND BUILDING, KH ROAD, SHANTINAGAR, BANGALORE-560027 REP BY IS FRRO OFFICER BENGALURU-27.
2. MINISTRY OF HOME AFFAIRS THROUGH JOINT SECRETARY (FOREIGNERS) NORTH BLOCK, CABINET SECRETARIAT, RAISINA HILL, NEW DELHI-110001.
3. STATE OF KERALA THROUGH DIRECTOR GENERAL OF POLICE, KERALA STATE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, KERALA-695010. … RESPONDENTS (By Mr. ADITYA SINGH CGC FOR R1 & R2 Mr. S VIVEKANANDA, ADV. FOR R3) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the cancellation of multi- entry employment visa granted to the petitioner on 29 August 2017 at Annex-A; and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Smt.Nalina Mayegowda, learned counsel for the petitioner.
Sri.Aditya Singh, learned Central Government counsel for the respondent Nos.1 and 2.
Sri.S.Vivekananda, learned counsel for the respondent No.3.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
a)Issue a writ of certiorari, or any other appropriate writ, order or direction quashing the cancellation of Multi-entry Employment Visa granted to the Petitioner on 29 August 2017;(at Annexure-A) b) Issue a writ of certiorari, or any other appropriate writ, order or direction quashing the stamping of the words “NO FURTHER ENTRY PERMITTED” on the Stay Visa issued to the Petitioner on 1 September 2017;(at Annexure-B0 c) Issue a writ of certiorari, or any other appropriate writ, order or direction quashing the condition of prior Exit Permission put in the Stay Visa Certificate/Stay Permit.(at Annexure-C) d) Issue a writ of mandamus, or any other appropriate writ, order or directing the Respondents to extend the Petitioner’s Multi- Entry Employment Visa for a period of one years;
e) Pass any other Order(s) as this Hon’ble Court may deem fit in the given facts and circumstances of the present case in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the multi-entry visa was cancelled on the basis of a false and frivolous complaint which was made against the petitioner in the State of Kerala. It is further submitted that in the aforesaid case, B report has been filed and therefore, the writ petition be disposed of with a direction to respondent Nos.1 and 2 to consider the case of the petitioner for grant of visa without being influenced by the pendency of the aforesaid criminal case as the same has already come to an end.
5. Learned counsel for the State of Kearala submitted that after an enquiry, the criminal proceeding initiated against the petitioner has been concluded and B report has been filed.
6. In view of the aforesaid submissions, learned counsel for the respondent Nos.1 and 2 submitted that as and when the petitioner claims for visa, his application shall be considered without being influenced by the pendency of the aforesaid criminal case.
7. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction that as and when the petitioner applies for grant of visa, the respondent Nos.1 and 2 shall consider the case of the petitioner without being influenced by the pendency of the criminal case as the same has already been closed in accordance with law.
Sd/- JUDGE RV