Excelsior Correspondent
JAMMU, Apr 16: In a criminal case titled “State through Crime Branch, Jammu Vs. Abrar Hussain S/o Mohd. Hussain R/o New Plot, Jammu”, the Court of Chief Judicial Magistrate, Jammu today directed SSP Crime Branch, Jammu to take all such measures permissible under law commensurate with modicum efforts that law permits for procurement of an accused from a foreign country for his production to face criminal charges in the court of law.
This order has been passed in the backdrop of the circumstances wherein an FIR no. 30/2008 for offences under sections 420/467/468/471 of RPC was registered by Crime Branch, Jammu on the complaint of then Registrar Vigilance of High Court alleging herein that accused who was appointed as driver in High Court in the year 2007 forged and fabricated documents viz. NOC certificate, salary certificate and “To whom it may concern” certificate in order to obtain visa from Australian High Commission.
On the completion of investigation, accused was found involved in commission of offences under Sections 420/467/468/471 of RPC and challan against him was produced in absentia and accordingly on the prayer of investigating Agency general warrant of arrest under Section 512 of Cr.P.C was issued against him which still remains un-executed.
After going through the status report of SSP Crime Branch Jammu regarding status of execution of said general warrant of arrest, the court observed that “Non-procurement of accused in execution of general warrant of arrest in force against him since long and who is alleged to have committed serious offences of forgery and cheating – is something which not only emboldens likes of accused but also offers an occasion to have an impression as though an offender who has left for a foreign country, cannot be brought back to face trial for criminal charges”, adding “plainly, no substantial measures aimed at his bringing back seem to have been taken by Crime Branch as on date”.
With these observations, court directed SSP Crime Branch, Jammu to take necessary measures for procurement of accused from foreign country in connection with his production to face criminal charges in the court and copy of order was directed to be sent to SSP Crime Branch, Jammu for compliance and report.
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