The Punjab and Haryana High Court has directed an accused in an alleged overseas placement fraud case to publish, at his own expense, a public notice in at least five widely circulated newspapers across Punjab disclosing all FIRs registered against him before the court considers his plea for quashing an FIR on the basis of compromise.
As the matter came up for hearing before Justice Alok Jain’s Bench, the petitioner’s counsel submitted that the dispute between the parties had been amicably settled with the intervention of respectable persons.
Referring to a status report placed before the Bench, Justice Jain asserted its perusal demonstrated that it was a case of partial compromise. The Bench, at the same time, observed that the gravity of the allegations and the petitioner’s antecedents could not be overlooked before considering the request for quashing the FIR.
“Having considered the nature of the allegations, the material on record and the criminal antecedents of the petitioner, this Court is of the view that allegations of fraud relating to overseas placement, preparation of fake documents and visas process, are serious in nature, which impacted many innocent lives, who wish to settle abroad and paid hefty amount on such visa process,” Justice Jain observed.
The Bench added the petitioner’s involvement in several other criminal cases moreover could not be dealt lightly. “Therefore, before considering the prayer for quashing of the FIR on the basis of compromise, it is necessary that the public is made aware of the petitioner’s antecedents.”
Accordingly, Justice Jain directed the petitioner to publish at his own expense a public notice in at least five widely circulated newspapers in the State of Punjab, out of which at least two would be Punjabi newspapers.
The order stipulated that the notice must contain the petitioner’s name, address and contact details, besides particulars of all FIRs registered against him, “including the present case, irrespective of the fact that as to whether the FIRs against the petitioner are pending, decided or quashed.”
It further required the petitioner to disclose details of all cases involving allegations relating to fraudulent overseas placement, misrepresentation or inducement on the basis of fake documents or visas, as well as cases “which have been settled after repayment of the amount received from the victims.”
The publication was also required to specifically mention that the notice had been issued pursuant to the High Court directions. Justice Jain directed that the publication be made within 15 days and further ordered that it “shall be of more than 6 font size.”
The petitioner was also directed to place on record copies of the newspapers carrying the publication along with an affidavit of compliance before the next date of hearing, “Thereafter the report of the trial court will be considered,” Justice Jain asserted, before fixing August 31 as the next date of hearing in the matter.