HC dismisses plea to quash FIR against immigration consultant
HC dismisses plea to quash FIR against immigration consultant
PUNE: The Bombay high court (HC) has dismissed a writ
plea seeking directions to quashan FIR lodged against a Canadian immigration
consultant and two of his employees for alleged cheating and criminal
breach of trust. The FIR was lodged with the Bundgarden police in October 2013.
The HC bench of Justices SC Dharmadhikari and Prakash D Naik also vacated all interim reliefs that were granted against the suspects.
New Sangvi resident Santosh Indore had lodged the FIR alleging that Satish Nandre, who heads Amey Worldwide International Services Private Limited, and his aides collected money to process immigration pleas to Canada in 2004 for himself, his wife and son.
Indore alleged the promised immigration failed to come through even after a decade and the firm folded its operation in Pune without refunding the money. "I did get $1,250 cheque from the Citizenship and Immigration Canada as a refund towards visa processing but the consultancy did not refund the $2,000 fees collected towards services to be rendered in India and on our reaching Canada. Apart from this fees, I had paid Rs25,000 registration fee to the firm," Indore said.
The HC bench of Justices SC Dharmadhikari and Prakash D Naik also vacated all interim reliefs that were granted against the suspects.
New Sangvi resident Santosh Indore had lodged the FIR alleging that Satish Nandre, who heads Amey Worldwide International Services Private Limited, and his aides collected money to process immigration pleas to Canada in 2004 for himself, his wife and son.
Indore alleged the promised immigration failed to come through even after a decade and the firm folded its operation in Pune without refunding the money. "I did get $1,250 cheque from the Citizenship and Immigration Canada as a refund towards visa processing but the consultancy did not refund the $2,000 fees collected towards services to be rendered in India and on our reaching Canada. Apart from this fees, I had paid Rs25,000 registration fee to the firm," Indore said.
Once the FIR was registered, the Bund Garden police arrested two staffers of the firm but Nandre moved out of India and later filed a plea in the HC to quash the FIR. A city sessions court granted bail to the employees in 2013.
Investigating officer inspector RG Khomne said, "Our probe was held up due to proceedings pending before the HC. We will arrest Nandre once he lands in India. For now, we will file a chargesheet against the employees."
Nandre's lawyer argued that as an authorised consultant, he was permitted to collect the money on behalf of the countries his firm was engaged with for immigration services. He added that Nandre cannot be faulted for the immigration falling through due to an alteration in policy.
However, the bench referred to the FIR and observed, "Prima facie, from (the stage of) inception there was a dishonest intention and hence a promise and assurance given to respondent number 4 (Indore) that on payment of monies to the petitioner (Nandre), he can migrate to Canada. Now, it is urged that everything was dependent upon that country's policies. If that is so, then, why the said aspect was not clarified and if everything fell through because of Republic of Canada's immigration policies, how the promise in the first instance can at all be given, prima facie, reveals the criminal intent."
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