Gurgaon court orders FIR in ₹23 lakh visa fraud case after police refusal

Gurgaon: A local court has directed police to register an FIR and begin an investigation into claims of cheating, criminal breach of trust and conspiracy in an alleged Rs 23 lakh visa fraud case. Police had earlier refused to register the FIR, terming it a financial dispute.The order came in a complaint filed under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by Himmat, who alleged that the accused had promised him a Canadian visa and a job in exchange of Rs 23.5 lakh. Himmat claimed he transferred Rs 23.45 lakh to the accused’s Punjab National Bank account and paid an additional Rs 5,000 in cash. The accused allegedly returned Rs 6 lakh in two instalments to Himmat under the pretext of confirmed employment. However, soon after this he stopped all communication.Manish Shandilya, counsel for complainant, said despite a written complaint being submitted to the police on Jan 26, 2025, no FIR was registered. “The police opposed the plea stating the dispute pertained to investment in a liquor business in Rajasthan and not any immigration fraud,” said Shandilya.In response, Police said the complaint was filed at Rajendra Park police station in Gurgaon but the complainant did not furnish any documentary evidence to substantiate his allegations. Therefore, an FIR was not registered.However, judicial magistrate Uditi Mittal held that the allegations, taken at face value, constituted cognisable offences and that disputed facts regarding whether the money was for overseas employment or a liquor partnership could only be examined through police investigation. “It is settled law that when information discloses commission of a cognisable offence, registration of an FIR is mandatory,” said the court.The court emphasised that at the Section 175(3) BNSS stage, it is not required to conduct a “mini-trial”, and the existence of rival versions reinforced the need for a fair probe.Finding that the case involved substantial financial transactions, inter-state elements, and required examination of bank records and communications, the court allowed the application and ordered immediate FIR registration based on the original complaint. The investigating officer has also been given liberty to join additional persons if their involvement emerges and to proceed on any other offences found during the probe.