Court pulls up UT Police in immigration fraud case: ‘Instead of filing untrace report, arrest warrants could have been taken’

As per the case, an FIR was registered on the complaint of Madan Kumar, who alleged that Jaswinder Singh, an agent of Havens Immigration Consultancy in Chandigarh, had taken Rs 60,000 from him on the pretext of sending him to Dubai but failed to fulfil the promise. Kumar had sought legal action against the accused as he allegedly neither sent him abroad nor returned the money.

During the recent hearing, complainant Madan Kumar appeared in person and expressed dissatisfaction with the police investigation. He told the court that despite his repeated complaints, the police failed to take effective action or trace the accused.

The investigating officer in his report stated that several raids were conducted to trace Jaswinder Singh, but he was not found residing at his known address, and, therefore, an untraced report was filed before the court.

Rejecting the report, CJM Yadav noted that if the accused had absconded, the police should have sought arrest warrants rather than filing an untraced report.

The court observed that “the Investigating Officer has mentioned that the accused has escaped and he is not being found on his address. But if he has escaped, instead of filing an untrace report, arrest warrants against the accused could have been taken.”

“Prima facie, a fraud has been committed by the accused with the complainant on the pretext of sending him abroad,” said the court.

Finding the investigation incomplete and unsatisfactory, the court ordered that the file be sent back through the SSP, Chandigarh, for immediate further investigation. The SHO concerned has been directed to submit the final investigation report as early as possible.