The Jammu & Kashmir and Ladakh High Court has quashed an FIR registered against a member of the Board of Trustees of an Ashram, holding that criminal proceedings cannot continue against a person merely because of his association with the institution. The Court found that the allegations did not show the petitioner was the "keeper" of the premises or responsible for statutory duties under the Foreigners Act, 1946.
Justice M. A. Chowdhary delivered the judgment while allowing a petition filed by Inder Krishan Raina seeking the quashing of FIR No. 115/2024 registered at Police Station Nawabad, Jammu.
Background of the Case
The FIR was registered after police received information alleging that an Argentine national had stayed at the Jammu branch of Ishwar Ashram Trust during 2021-2022 without the required information being furnished through the online C-Form system under immigration regulations. According to the prosecution, the petitioner, being a member of the Trust's management committee, was liable for the alleged failure to comply with the reporting requirement under Sections 7 and 14 of the Foreigners Act.
The petitioner challenged the FIR, arguing that he was only one of the trustees and had no responsibility for the day-to-day management of the Ashram or for maintaining records relating to the stay of foreign nationals. He contended that the legal obligation under Section 7 of the Foreigners Act rests only on the "keeper" of the premises and not on every trustee or management committee member.
The Union Territory opposed the petition, submitting that the petitioner's role in managing the Trust could not be ruled out at the initial stage and that the Court should not interfere in the criminal proceedings.
Court's Observations
After examining the statutory provisions, Justice Chowdhary observed that Section 7 of the Foreigners Act specifically casts obligations on the "keeper" of premises where accommodation is provided to foreigners. The Court said the provision does not automatically extend criminal liability to trustees, office bearers, or members of an organisation unless there are clear allegations that they were acting as the keeper or were personally responsible for complying with those statutory duties.
The Court found that the FIR did not allege that the petitioner was in charge of providing accommodation, maintaining records, or carrying out any obligation imposed on a keeper under the Act.
Observing the distinction, the bench stated:
"The provision cannot be invoked merely on the basis that a person is a trustee, office bearer, or member of an organization owning or managing the premises, unless specific allegations demonstrate that such person was acting in the capacity of a 'keeper'..."
The Court further emphasised that criminal liability is personal in nature and cannot be imposed solely because an individual is associated with an institution.
As the judgment records:
"The mere fact that the petitioner happens to be one of the members of the Board of Trustees of the Trust cannot, by itself, result in criminal liability."
Justice Chowdhary also relied on earlier decisions of the Kerala High Court, which had interpreted the expression "keeper" under the Foreigners Act to mean the person actually in charge of the premises and responsible for fulfilling the statutory reporting obligations.
Court's Decision
Holding that the FIR did not disclose the essential ingredients of the alleged offence against the petitioner, the High Court concluded that allowing the prosecution to continue would amount to an abuse of the legal process.
The Court accordingly allowed the petition and quashed FIR No. 115/2024, dated 8 August 2024, registered at Police Station Nawabad, Jammu, under Sections 7 and 14 of the Foreigners Act, 1946, only in respect of the petitioner.
The Court clarified that the investigating agency remains free to proceed against any other person if the material on record discloses an offence against them.
Case Details
Case Title: Inder Krishan Raina v. Union Territory of J&K through SHO Police Station, Nawabad, Jammu
Case Number: CRM(M) No. 985/2024
Judge: Hon'ble Mr. Justice M. A. Chowdhary
Decision Date: 23 July 2026
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