Sandra Nwokpoku And Anr vs State ( Nct Of Delhi)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of decision: 16 October, 2026
# CNR No. DLHC010483412026
+ CRL.M.C. 7538/2026 & CRL.M.A. 31474/2026
SANDRA NWOKPOKU AND ANR. .....Petitioners
Through: Mr. Devanand Prasad, Advocate

versus

STATE (NCT OF DELHI) .....Respondent
Through: Ms. Mukesh Kumar, APP for State
with Mr. Divakar, Advocate with SI
Vidyakar, P.S.: Mohan Garden.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL

AMIT BANSAL, J. (Oral)


1. The present petition has been filed seeking the following reliefs:


Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:16.10.2026
19:55:22
CRL.M.C. 7538/2026 Page 1 of 4

2. Brief facts necessary for deciding the present petition are as under:
2.1. The petitioner no.1 is the wife of the petitioner no.2, and they are
citizens of Nigeria and Sierra Leone, respectively.
2.2. The petitioner no.2 entered India through the authorised immigration
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channel on 19 November 2019 and the petitioner no.1 entered India on 18
December 2020.
2.3. During their stay in India, the petitioners made efforts before the
FRRO/e-FRRO authorities for extension/regularisation of their visa/stay.
2.4. Due to the outbreak of the COVID-19 pandemic and the consequent
disruption of international travel, the petitioners were prevented from
returning to their respective countries.
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2.5. On 15 March 2022, FIR No. 202/2022 came to be registered under
Section 14A of the Foreigners Act, 1946 at P.S. Mohan Garden, against five
(5) accused persons, alleging overstay in India beyond the period for which
their visas had been issued. The petitioners were taken into custody in
connection with the said FIR.
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2.6. On 12 April 2022, the Trial Court framed charges against the
accused persons, including the petitioners herein, under Section 14 of the
Foreigners Act, 1946, alleging that they had remained in India beyond the
period for which their visas were issued.
2.7. The petitioners no.1 and 2 were enlarged on bail by the Sessions
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Signing Date:16.10.2026
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CRL.M.C. 7538/2026 Page 2 of 4

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Court vide orders dated 27 April 2022 and 28 April 2022, respectively.
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2.8. On 5 May 2026, the petitioners sought permission from the Trial
Court to travel to Nigeria in connection with the education and welfare of
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their minor daughter. The said application was dismissed on 1 June 2026.
3. Aggrieved by the aforesaid, the present petition has been filed for
quashing of the subject FIR and proceedings emanating therefrom.
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4. Notice in the present petition was issued vide order dated 7 October,
2026.
5. I have heard the counsel for the parties.
6. The case against the petitioners is on account of alleged overstay in
India after expiry of the visa. The charge has been framed against the
petitioners under Section 14 of the Foreigners Act, 1946, for which there is
no minimum punishment prescribed under law.
7. It is stated that the petitioners did not enter India in a clandestine
manner. They entered through proper immigration channels after obtaining
visas. The petitioners have a daughter who was born in India.
8. The petitioners state that the COVID-19 pandemic severely disrupted
international air travel and that they made efforts before the FRRO/e-FRRO
authorities for extension/regularisation of their stay.
9. The petitioners also preferred an application for plea bargaining
before the Trial Court, which came to be dismissed as not maintainable on
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21 July 2026.
10. The petitioners intend to leave India and return to their home
countries, Nigeria and Sierra Leone respectively. It is further stated that their
continued presence is involuntary and is only on account of the present
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criminal proceedings and the petitioners have undergone custody from 15
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Signing Date:16.10.2026
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CRL.M.C. 7538/2026 Page 3 of 4

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March, 2022 to 27 April, 2022, which may be treated as a sentence
undergone.
11. Considering the aforesaid facts and circumstances of the case, the FIR
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No.202/2022 dated 15 March, 2022 registered at Police Station Mohan
Garden together with the chargesheet and all consequential criminal
proceedings emanating therefrom are quashed on the basis of the period of
custody already undergone by the petitioners being treated as the sentence
and subject to payment of costs of Rs.10,000/- each by the petitioners no.1
and 2 to the Delhi High Court Bar Clerks Association.
12. An undertaking shall be filed by the petitioners before this Court
stating that they have no intention to continue residing in India and shall
leave India immediately upon completion of requisite immigration
formalities within 15 days.
13. The FRRO/Bureau of Immigration shall process the petitioners’ exit
permissions and other immigration formalities expeditiously. The
Investigating Officer (“I.O.”) shall facilitate the same.
14. The present petition, along with the pending application, stands
disposed of in terms of the above.


AMIT BANSAL, J
OCTOBER 16, 2026
Rzu

Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:16.10.2026
19:55:22
CRL.M.C. 7538/2026 Page 4 of 4