SEEMA MAHAJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Seema Mahajan - petitioner has applied for grant of anticipatory bail in FIR No. 10 dated 10.2.2011 under Sections 406/420 Indian Penal Code, registered at Police Station Sadar, Phagwara, District Kapurthala.

(2.) As per allegation of the prosecution, Simarjit Singh s/o Amanjit Singh r/o Village Pandwan, PS Sadar, Phagwara, stated that his sister is permanent resident of Canada and he and his brother Pardeep Singh were desirous of going to Canada. They contacted travel agent Jagmohan Sharma s/o Jagdish Sharma r/o H.No. 1321/ Gali No.2, Bharat Nagar, Batala Road, Amritsar, who assured them that he would get visa for both the brothers for Canada within one month in lieu of which it would cost Rs. 15 lacs each. It is further submitted that Rs. 20 lacs were paid to Jagmohan Sharma and remaining Rs. 10 lacs were to be paid at the time of visa. The said amount was paid in the month of Oct. 2010 in the presence of Ankush chhabra s/o Kewal Krishan and Pardeep Singh s/o Satnam Singh alongwith two passports. One lady and one man had also come alongwith Jagmohan Sharma at that time. Complainant and his brother were neither sent to Canada nor the amount was returned.

(3.) Petitioner filed affidavit against DCP Amar Singh Chahal on 18.1.2011 in Crl. M.No. M- 1185 of 2011, petition under Sec. Code Criminal Procedure The allegation was made against the said police official. The present FIR is stated to have been registered thereafter. The amount is stated to have been paid to Jagmohan Sharma, who is stated to be in police custody. Before the Additional Sessions Judge, a stand was taken that petitioner is not the accused and from perusal of the order dated 18.3.2011, of Additional Sessions Judge, it is revealed that application of the petitioner was dismissed on that ground.