HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39458 of 2025 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Pleadings have already been exchanged between the parties, and are on the record. The case is ripe up for hearing. 2. Heard Shri Aditya Anand Shahi, Advocate, holding brief of Shri Chandan Yadav, learned counsel for the applicant, Shri Rajendra Singh, learned A.G.A. for the State and perused the material brought on record. 3. This application under Section 528 BNSS has been filed with the prayer for quashing of cognizance order dated 31.05.2023, charge sheet dated 09.01.2022 as well as entire proceeding of Case No. 2030 of 2024 (State Vs. Dmitri Maltcev), arising out of Case Crime No. 739 of 2021, under Section 14 of Foreigners Act, 1946, Police Station Vrindavan, District Mathura, pending in the court of learned Additional Civil Judge (Junior Division)-6/ Judicial Magistrate-6, Mathura. 4. Learned counsel for the applicant submits that the F.I.R. dated 14.08.2021 was lodged against the applicant under Section 14 of Foreigners Act with the allegation that he was staying in India even after expiry of VISA. He further submits that the F.I.R. was lodged on incorrect facts. The applicant is the resident of Russian Federation. The applicant came to India on tourist VISA on 10.10.2019, having permit from 10.10.2019 to 31.03.2020, i.e., for six months. Due to complete lockdown started from 24.03.2020 due to pandemic Covid-19 the applicant got stranded in India and his VISA got expired on 31.03.2020. On 05.05.2020 the Government of India issued notification for such foreign nationals whose visas have expired or would be expiring during the period from 01.02.2020 till the date on which prohibition Versus Counsel for Applicant(s) : Chandan Yadav Counsel for Opposite Party(s) : G.A., Kuldeep Kumar Dmitrii Maltcev .....Applicant(s) State of U.P. .....Opposite Party(s) on international air travel of passengers from India is lifted by the Government, would be extended on submission of online application by such foreigners. Such extension was granted for a period up to 30 days from the date of lifting of prohibition on international air travel of passengers from India without levy or overstay penalty. Since the applicant's passport was going to expire on 17.03.2021 he applied for new passport on 12.03.2021, but the Consulate General of Russian Federation vide its letter dated12.02.2021 requested the Indian Authorities that due to corona virus lockdown interruption issuance of new passport can take certain time. Meanwhile the Government issued various guidelines for foreign nations regarding their stay in the country during lockdown period and extended the period upto 30.09.2021. Thus, it has been argued that on the date of lodging of the F.I.R., i.e., 14.08.2021 the applicant was having valid visa. Thus, the allegations levelled against the applicant in the F.I.R. are absolutely false, fictitious and has been made with malafide intention. Learned counsel further submits that the police investigated the matter in perfunctory manner and submitted charge sheet before the court concerned, whereupon the court concerned took cognizance in cursory manner, without considering the fact that on the date when the F.I.R. was lodged the applicant was having valid visa for staying in the country. Thus, the entire proceeding initiated against the applicant deserves to be quashed. 5. Learned A.G.A. for the State could not dispute the above facts asserted on behalf of the applicant. 6. Having considered the entire facts and circumstances of the case as well as having heard the submissions made on behalf of applicant and after perusing the entire material available on record, it is evident that as per the F.I.R. version there is allegation against the applicant that on the date of lodging of F.I.R., i.e., 14.08.2021 he was staying in India without having any valid visa. The charge sheet has also been filed against the applicant with the same allegation, whereupon the court concerned took cognizance. But from the perusal of various guidelines issued by the Government of India, the validity of his visa was existing up to 30.09.2021, whereas, the F.I.R. was lodged against him on 14.08.2021, therefore, the charges levelled against the applicant in the charge sheet have no leg to stand. Thus, it is crystal clear that the applicant has been falsely implicated in the case with false and frivolous allegations due to ulterior motive and malafide intention. Therefore, if the present proceedings are allowed to go on, it will result in NA528 No. 39458 of 2025 2 the abuse of process of court as well as process of law and no prosecution could lie against the applicant in such circumstances. Thus, the entire proceeding initiated against the applicant deserves to be quashed. 7. In view of the facts and circumstances, the present application filed under 528 BNSS succeeds and is, accordingly, allowed. Consequently, the entire proceeding of Case No. 2030 of 2024 (State Vs. Dmitri Maltcev), arising out of Case Crime No. 739 of 2021, under Section 14 of Foreigners Act, 1946, Police Station Vrindavan, District Mathura, pending in the court of learned Additional Civil Judge (Junior Division)-6/ Judicial Magistrate-6, Mathura, is hereby quashed. (Dr. Gautam Chowdhary,J.) September 21, 2026 Mustaqeem. NA528 No. 39458 of 2025 3 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad