Gauhati High Court refuses relief to declared foreigner after finding guilty

The Gauhati High Court held that its inherent power under Section 482 CrPC should not be exercised routinely and should only prevent a serious miscarriage of justice or secure the ends of justice.

The Court thus refused to intervene on an order of the First Judicial Magistrate, declaring the applicant a foreigner, after admission of guilt.

The petitioner, having pleaded guilty and serving a sentence of approximately one year, presented this petition with certain documents, which he never produced before the I/O as well as before the court, has now challenged the disputed order, which cannot be accepted . It seems that there is no illegality in the order thus issued to invoke the provision of article 482 CrPC. The inherent power under Article 482 CrPC cannot be exercised routinely unless it is shown that the miscarriage of justice was committed in a given case,“said the Court.

The petitioner along with other people were arrested on suspicion of being a foreigner, a Bangladeshi national who entered India via Tripura. It was taken into custody and brought before the court of the CJM scholar, Cachar. JThe police submitted the indictment and the fees were framed under Section 14-A of the Aliens Act.

The petitioner pleaded guilty to the offense and the trial court issued the contested order convicting him.

This sentencing order has been challenged in these proceedings, on the grounds that the admission of guilt was made on the bad advice of the hired lawyer. He produced birth certificate and school certificate in support of his application.

Noting that the applicant had not produced any document at the time of the investigation, the court refused to exercise its inherent discretionary powers under Section 482 CrPC.

Accordingly, the criminal motion was dismissed and the trial court’s sentencing order was affirmed.

Case No: Crl.Pet./128/2020

Case Name: Amir Khan v. State of Assam and Anr.

Quote: 2022 LiveLaw (Gau) 8

Date: 20.01.2022

Corum: Judge Rumi Kumasi Phukan

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