- 1 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10780 OF 2026 BETWEEN: MR. SAMUEL OKON, S/O OKON, AGED ABOUT 30 YEARS, R/AT 69/11, MARAGONDANAHALLI GRAMA, BIDARI HALLI, BANGALORE NAGARA-560091. DETAINED AT FOREIGNERS RESTRICTION CENTER, SONDEKOPPA, NELAMANGALA TALUK, BENGALURU-562123. …PETITIONER (BY SRI SOMANNA K P, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY CYBER CRIME PS, NORTH EAST CEN, REPRESENTED BY SPP OFFICE, HIGH COURT BUILDING, BANGALORE-560001. 2. SRI RAMESH A S I, S/O SRIRAMALU NAIDU, AGED ABOUT 51 YEARS, CEN P S NORTH EAST, YELAHANKA, BENGALURU CITY, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 KARNATAKA-560065. 3. FOREIGNERS REGIONAL REGISTRATION OFFICER, 5TH FLOOR, 'A' BLOCK, BMTC BUS STAND BUILDING, SHANTHI NAGAR, KH ROAD, BENGALURU- 560027. …RESPONDENTS (BY SRI B.N JAGADEESHA, SPP-I FOR R-1; SRI K ARAVIND KAMATH, ADDL. SOLICITOR GENERAL OF INDIA A/W SRI ADHITYA SINGH, ADVOCATE FOR R-3) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO a) QUASH THE ENTIRE PROCEEDINGS IN CC.NO.32450/2022 PURSUANT TO CHARGE SHEET DATED 15.08.2022 ARISING OUT OF CR.NO.581/2022 DATED 17.05.2022 REGISTERED BY THE 1st RESPONDENT IN YELAHANKA P.S., BENGALURU, FOR THE OFFENCES P/U/S 66(D), 84(C) OF I.T ACT AND 465, 468, 420, 511 OF IPC, U/S 14(a) OF REGISTRATION OF FOREIGNERS ACT, 1939, IN SO FAR AS THE PETITIONER IS CONCERNED, PENDING BEFORE THE XLV ACJM COURT, BENGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – accused No.1, a citizen of Republic of Ghana, Africa, is before this Court calling in question entire proceedings in C.C.No.32450/2022 (arising out of Crime No.581/2022), pending before the XLV Additional Chief Judicial Magistrate - 3 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 Court, Bengaluru, for the offences under Sections 66D and 84C of the Information Technology Act, 2000, Section 14(a) of the Registration of Foreigners Act, 1939 and Sections 465, 468, 420 and 511 of the IPC and an order dated 18.04.2023, passed by respondent No.3, bearing No.FRRO/BOI/BLR/MRO/2023-24. 2. Heard Sri Somanna K.P., learned counsel for the petitioner, Sri B.N.Jagadeesha, learned State Public Prosecutor – 1 for respondent Nos.1 and 2 and Sri K. Aravind Kamath, learned Additional Solicitor General of India along with Sri Adhitya Singh, learned counsel for respondent No.3. 3. The petitioner, who is a citizen of Republic of Ghana as already observed, was residing in India, though his VISA got expired long back on 20.01.2022. The petitioner was apprehended by respondent No.2, Assistant Sub-Inspector of Police when he was deputed to trace and apprehend persons involved in cyber offences. The petitioner was arrested on 17.05.2022. At the relevant point in time, the petitioner was in the possession of certain debit cards belonging to other persons and few SIM cards. The Officer registers a complaint in Crime No.581/2022, for the afore-quoted offences. Investigation - 4 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 ensues and a charge sheet is filed before the concerned Court in C.C.No.32450/2022. The petitioner as on today is in the detention centre of respondent No.3 – Foreigners Regional Registration Office. 4. Learned counsel for the petitioner would submit that the petitioner is wanting to go back to his country – Republic of Ghana. The petitioner is languishing in the detention centre for the last four years. He would submit that the proceedings against the petitioner be quashed and a direction be issued to the respondents to deport the petitioner to his country. He undertakes that the petitioner would leave the shores of this Nation at his own cost. 5. Learned State Public Prosecutor - 1 appearing for respondent Nos.1 and 2 submits that the State Government has constituted a State Level Screening Committee on 06.07.2026, to consider the cases of this nature. 6. Sri K. Aravind Kamath, learned Additional Solicitor General of India appearing for respondent No.3 would submit that in terms of the Model Standard Operating Procedure (‘SOP’ - 5 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 for short), the case of the petitioner would be considered by the Committee. The Committee shall examine whether the petitioner is entitled to the benefit of the SOP or otherwise. In the event the petitioner would stand benefited by the observations in the SOP, the State Government may pass orders withdrawing the prosecution or by an order of this Court, the petitioner shall leave the shores of the nation at his own expense with an undertaking that he will not return back to this country - India. 7. I have given my anxious consideration to the submissions made by the learned counsel for the parties and have perused the material on record. 8. The afore-narrated facts are not in dispute. The petitioner hails from Republic of Ghana. He was taken into custody on 17.05.2022, when respondent No.2 was deputed to trace and apprehend persons who were involved in cyber crimes. Therefore, the afore-quoted offences sprang and the crime is registered, which is pending in C.C.No.32450/2022. - 6 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 9. The plea of the petitioner before this Court is that, he wants to go back to his country. The issue would be whether pending prosecution against the petitioner for the afore-quoted offences, can the petitioner be sent back to his country – Republic of Ghana. The Government of India on 25.11.2025, has issued a Standard Operating Procedure, governing the withdrawal of prosecution in cases involving foreign nationals, with the avowed objective of facilitating their deportation. The preamble to the said SOP records circumstances which necessitated its formulation. The preamble is as follows:- “I am directed to say that misuse of legal procedures by certain foreign nationals who intentionally implicate themselves in criminal offences to delay deportation or gain prolonged stay in the India has been observed by the Law Enforcement Agencies in various States/UTs. Once the case is registered, these foreigners use various legal and procedural tactics viz., repeated adjournments sought on medical grounds, change of counsel, filing frivolous applications before the trial Court such as bail & discharge, absconding between hearings, claiming refugee status on frivolous ground during pending trial and by challenging various stages of trial procedure in higher courts. These tactics have often resulted in prolonged under trial detention or bail with restrictions, effectively allowing them to remain in India for years and expand their criminal activities, gangs and organized crimes in the country. 2. This matter came up for consideration at the DGsP/IGsP Conference, 2024, when it was inter alia - 7 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 decided that a comprehensive policy/legal framework to prevent misuse of judicial process by foreigners to overstay may be formulated by the Ministry of Home Affairs, in consultation with all stakeholders. It was further decided that the policy may examine withdrawal of cases where punishments were less than 7 years to facilitate deportation. 3. Accordingly, the matter regarding framing of a model Standard Operating Procedure (SOP) for withdrawal from prosecution in cases filed against foreigners to facilitate their deportation has been examined by this Ministry in consultation with various stakeholders. Based on the inputs received from various stakeholders, a model SOP has been prepared in this regard within the framework of Section 360 of Bharatiya Nagrik Suraksha Sanhita, 2023 (46 of 2023) and a copy of the same is enclosed. 4. The model SOP indicates the types of cases where withdrawal from prosecution may be considered against the foreigners, types of cases where such withdrawal from prosecution may not be considered and the detailed procedure that may be followed by State/UT prosecuting agencies and central prosecuting agencies for withdrawal from prosecution in such cases. Review of such cases by two Committees i.e., one District Level Screening Committee and another State Level Screening Committee in cases filed by State/UT prosecuting agencies is envisaged in the model SOP. In cases filed by central prosecuting agencies, it has been suggested that they may consider constituting an Agency Screening Committee to review such cases. 5. The objective of this model SOP is to prevent misuse of the judicial process by foreigners to prolong their stay in India. This will facilitate early deportation of such foreigners from the country and will also help in conservation of valuable judicial resources. - 8 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 6. State/UT prosecuting agencies and central prosecuting agencies are advised to consider adopting the enclosed model SOP, by taking approval of the respective competent authorities, for withdrawal from prosecution in respect of cases filed against foreigners. Steps taken in this regard may please be intimated to this Ministry at the earliest.” (Emphasis supplied) It is observed that certain foreign nationals have been misusing the legal process of the country by deliberately implicating themselves in criminal proceedings, so as to thwart or delay deportation and thereby prolong their stay within the territory of India. The background to bring in the SOP reads as follows: “1. Background Misuse of legal procedures by certain foreign nationals who intentionally implicate themselves in criminal offences to delay deportation or gain prolonged stay in India has been observed by the Law Enforcement Agencies in various States/UTs. Once the case is registered, these foreigners use various legal and procedural tactics viz., repeated adjournments sought on medical grounds, change of counsel, filing frivolous applications before the trial Court such as bail & discharge, absconding between hearings, claiming refugee status on frivolous ground during pending trial and by challenging various stages of trial procedure in higher courts. These tactics have often resulted in prolonged under-trial detention or bail with restrictions, effectively allowing them to remain in India for years and expand their criminal activities, gangs and organized crimes in the country. - 9 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 In the DGsP/IGsP Conference, 2024, it was inter-alia decided as under: “A comprehensive policy/legal framework to prevent misuse of judicial process by foreigners to overstay, to be formulated by MHA, in consultation with all stakeholders, including MEA, IB and legal officers. The policy would examine withdrawal of cases where punishments were less than 7 years, to facilitate deportation.”.” The types of cases where withdrawal of prosecution is to be considered are as follows: “3. Types of cases where withdrawal from prosecution may be considered against the foreigners. (i) An offence registered under the Bharatiya Nyay Sanhita, 2023 (45 of 2023) which is compoundable under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023(Act 46 of 2023). (ii) An offence registered under the Bharatiya Nyay Sanhita, 2023 (45 of 2023) which carries a punishment of imprisonment of up to 7 years. (iii) An offence registered under any Central Act, including the Immigration and Foreigners Act, 2025 (13 of 2025) and its predecessor Acts, but other than Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 (61 of 1985) or any State Act which is compoundable and/or where the punishment provided for the offence in the Act is imprisonment of up to 7 years. (iv) An offence under the NDPS Act which carries a punishment of imprisonment up to ten years. - 10 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 (v) Cases involving inexpediency of prosecution where trial is pending for more than five years.” (Emphasis supplied) In the light of the submissions of the learned Additional Solicitor General of India and the learned State Public Prosecutor – 1, the case of the petitioner be placed before the Committee, for consideration in terms of the SOP and the observations made in the course of the order. Therefore, I deem it appropriate to direct the Committee to conclude the proceedings within six weeks from the date of receipt of a copy of the order and if the petitioner is benefited in terms of the SOP, the State shall withdraw prosecution. 10. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. (ii) Pending conclusion of the proceedings in C.C.No.32450/2022, before the XLV Additional Chief Judicial Magistrate, Bengaluru, the case of the petitioner shall be placed before the Committee, constituted in terms of the Standard Operating Procedure as afore-quoted, forthwith. - 11 - HC-KAR CNR: KAHC010498912026 NC: 2026:KHC:37855 CRL.P No. 10780 of 2026 (iii) The Committee shall consider the case of the petitioner and conclude the proceedings within an outer limit of six weeks from the date of receipt of a copy of this order. (iv) The respondents, on conclusion of the proceedings shall consider the issue of deportation of the petitioner to his country – Republic of Ghana at his own cost. (v) In the light of the issue being remitted before the Committee, the prayer seeking to set aside the order dated 18.04.2023, need not be considered at this juncture. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 118