Allahabad High Court

DMITRII MALTCEVversusSTATE OF U.P.

Decided: 20 September 2026
Bench: GAUTAM CHOWDHARY

Holding

The proceeding under Section 14 of the Foreigners Act is quashed as the applicant had a valid visa at the time of the FIR.

Summary

The applicant, a Russian national, entered India on a tourist visa that expired on 31 March 2020 due to the COVID‑19 lockdown. The Government later issued guidelines extending the stay of stranded foreigners up to 30 September 2021, effectively giving the applicant a valid visa on the date of the FIR (14 August 2021). Despite this, an FIR under Section 14 of the Foreigners Act, 1946 was lodged alleging illegal stay, and a charge‑sheet was filed. The applicant filed an application under Section 528 of the BNSS seeking quash of the cognizance order, charge‑sheet and the entire proceeding, contending that the allegations were false and made with malafide intent. The High Court examined the government notifications and found that the applicant indeed possessed a valid visa at the relevant time, concluding that the FIR and subsequent proceedings were baseless. Consequently, the Court allowed the application and quashed the pending criminal case.

Issues considered

Whether the FIR and charge‑sheet under Section 14 of the Foreigners Act, 1946 are maintainable when the accused possessed a valid visa under Government lockdown guidelines.
Whether the proceeding can be quashed under Section 528 of the BNSS on the ground of abuse of process and false allegations.

Legislation cited

BNSS — s. 528
Foreigners Act, 1946 — s. 14

Subjects

Foreigners Act
Section 14
Visa extension
COVID‑19 lockdown
Quash of proceedings
Section 528 BNSS
Abuse of process

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39458 of 2025

Dmitrii Maltcev
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Chandan Yadav
Counsel for Opposite Party(s) : G.A., Kuldeep Kumar

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
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2

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
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3

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.

Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad

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