- (1.) By this criminal misc. petition, a challenge is made to the FIR No.145/2007, registered with Police Station Kotwali, Jhunjhunu for offence under Section 10/24 of the Emigration Act, 1983 (for short, 'the Act of 1983').
(2.) Learned counsel submits that after obtaining a certificate to work as recruiting agent, petitioner was doing his business. With an ulterior motive, the police registered a case against him, though the FIR does not disclose any offence. In absence of disclosure of the offence, impugned FIR deserves to be quashed. The FIR has been lodged even in ignorance of the circular issued by the Government of India dated 12.12.2005. Therein, registration of a case is restrained, rather referring to the provisions of the Act of 1983, learned counsel argued that in case of violation of any of the conditions of the certificate, it can be cancelled by the competent authority, but a case cannot be registered. Learned counsel further made reference of Section 10 read with Section 24 of the Act of 1983, to demonstrate that even none of the provisions are offended so as to lodge FIR against the petitioner. Section 10 of the Act of 1983 applies when business is undertaken without a valid certificate, whereas, in the present case, perusal of the FIR does not show any such allegation. None of the offences, as given under Section 24, has been alleged in the FIR. In view of above also, the impugned FIR deserves to be quashed.
(3.) Learned counsel also contended that even if the definition of "recruiting agent", as given under Section 2(l) of the Act of 1983, is perused, petitioner was working as a person engaged in India in the business of recruitment for an employer and representing such employer with respect to any matter in relation to such recruitment including dealings with persons so recruited or desiring to be so recruited. It was not necessary for the petitioner to have an offer from the employer in advance, rather invitation/advertisement can be made for recruitment in anticipation from and amongst the desiring candidates. In view of the above also, business of the petitioner was as per the definition given under Section 2(l) of the Act of 1983. It does not amount to any offence, if he issued an advertisement to invite applications for recruitment out of India, even if no offer from the employer was lying.;