‘Non-compliance’: Court orders release of accused within day of his arrest
The accused, Abhinav Dogra, who allegedly ran an immigration firm, was arrested by the Sector 17 police on February 3 and produced before the district court the following day. The police sought a two-day remand, but instead, the court refused remand and ordered his immediate release, holding that the arrest did not comply with mandatory legal requirements.
A district court ordered the release of an accused in a Rs 67-lakh immigration fraud case, ruling his arrest illegal due to procedural lapses and non-compliance with mandatory safeguards.
An accused arrested in a Rs 67-lakh immigration fraud case was released by a district court within a day of his arrest after the court declared the arrest illegal due to procedural violations.
The accused, Abhinav Dogra, who allegedly ran an immigration firm, was arrested by the Sector 17 police on February 3 and produced before the district court the following day. The police sought a two-day remand, but instead, the court refused remand and ordered his immediate release, holding that the arrest did not comply with mandatory legal requirements.
An application was filed on behalf of the accused for his immediate release from custody for non-compliance with the mandatory provisions under Article 22(1) of the Constitution of India and sections 47 and 48 of Bharatiya Nagrik Suraksha Sanhita, 2023. It was mentioned in the application that the investigating officer did not supply the grounds of arrest to the accused, which is non-complianee with the judgment passed by the Supreme Court of India in case of Mihir Rajesh Shah Vs State of Maharastra and another, and the accused deserves to be released from custody on this ground.
Appearing for the accused, advocate Abhay Joshi argued that Dogra had been falsely implicated and that the police violated statutory safeguards. He cited a Supreme Court judgment which clearly states that failure to provide written grounds of arrest renders the arrest illegal.
During the proceedings, the counsel for UT placed on record the arrest memo, notice under Section 35 (3) of Bharatiya Nagrik Suraksha Sanhita, 2023, disclosure statement of accused as well as information regarding grounds of arrest.
The court, however, noted that information regarding grounds of arrest shows that it was given on February 3, 2026, but column of information about the arrest has been left blank by the investigating officer. “Only certain remarks have been written which is a stereotype pro forma. No details of the case in which the accused has been arrested, was disclosed in the information regarding grounds of arrest,” the court remarked.
The court of Chief Judicial Magistrate (CJM), Sachin Yadav, observed, as per Section 47 of Bharatiya Nagrik Suraksha Sanhita, 2023 and in view of judgment of Supreme Court of India in the case of Mihir Rajesh Shah versus the State of Maharashtra, “it is clear that grounds of arrest were required to be furnished to the arrestee in writing, which has clearly not been done in the present case and since, grounds of arrest were not given to the arrestee/accused, he is entitled to be released immediately from custody”.
The court, however, noted, “The accused is ordered to be released from custody immediately. However, the investigating officer is at liberty to proceed against the accused again after following the due process of law.”
The police have already arrested another accused, Gulshan Tyagi, who remains in judicial custody. Both accused allegedly operated an immigration firm, Fly Out Immigration, in Sector 17.
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Rs 67-lakh fraud allegations
The case was registered on complaints filed by Paras Chhabra, a resident of Mauli Jagran, and Harpreet Kaur, a resident of Sector 34.
Chhabra alleged that the accused took Rs 15.21 lakh from him on the pretext of securing permanent residency in Canada but neither obtained the visa nor returned the money. Kaur alleged that she paid Rs 52.13 lakh to the accused on similar assurances. Together, the complainants alleged a total fraud of Rs 67.34 lakh.
Immigration fraud cases have been on the rise in the city, with several firms shutting down offices and fleeing once complaints surface.
The official data of the Chandigarh Police shows that between 2021 and 2025, as many as 433 cases of cheating related to immigration fraud were registered, involving an alleged amount of nearly Rs 74 crore.During this period, the police in its probe also traced the involvement of 232 fraudulent immigration firms, highlighting the rapid growth of illegal consultancies operating in the city.
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As per police records, from 11 cases in 2021, the number rose to 36 in 2022 and 62 in 2023, before peaking at 194 cases in 2024. Though the number declined to 130 cases in 2025, the amount involved remained high, indicating that frauds were fewer but involved larger sums.
Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula).
Professional Background
Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases.
Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region.
Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps.
Recent Notable Articles (Late 2025)
His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns:
1. Legal & CBI Court Verdicts
"12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013.
"‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case.
"Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification.
2. Investigative & Scams
"CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus.
"Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh.
3. Environment & Public Safety
"Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities.
"Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos.
4. Gangster Culture & Crime
"City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules.
"Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26.
Signature Style
Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More
