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Does the magistrate have the power to order the deportation of any foreign citizen for any violation: Telangana High Court

In a case brought before the High Court of Telangana, i.e. Bailly Gui Landry vs The State Of Telangana (Criminal Petition Nos.4396 and 4400 of 2021) through the learned bench led by Justice K. Lakshman, the court canceled the order of deportation of petitioner issued by a magistrate, who is a foreign national of ivory coast. The high court was of the opinion that the magistrate does not have the right or any power to issue or order any such deportation.

Facts of the case: – The petitioner is a foreigner belonging to the nation of ivory coast, who was charged with two different criminal cases of cyber cheating scams. While the magistrate acquitted the petitioner in both the cases it also asked for the deportation of the petitioner, who was holding an Indian employment visa. During the time the petitioner was detained by the foreigner registration regional office deportation was not possible due to covid19 restrictions. Hence the petitioner filed a complaint, questioning the power of the magistrate to order such deportation.

Judgment:- According to the judgment given under ‘para 11,’ the high court stated that the Magistrate under the Sec 248 of CrPC should limit its power to the finding of either acquittal or conviction of the accused and it does not have the power to take ultra-vires action like deportation. Therefore, the order asking for deportation of the accused was quashed. But the court also held that FFRO’S order of restriction of movement and deportation was valid as it is a body recognized under sub-rule (1) of rule 3 of the Registration of Foreigners Rules and it is empowered to implement the rules regarding foreign nationals. The petitioner was in violation as he was residing even after the expiry of his visa, so if the petitioner wishes to challenge the FRRO’s order he can do so separately.

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JUDGEMENT REVIEWED BY MANAL NASEEM

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