Man Booked For VISA Fraud Accuses Police Officials Of 'Differential Treatment': Gujarat High Court Seeks Deputy Commissioner's Intervention

The Gujarat High Court has recently directed the Deputy Commissioner of Police (DCP) to look into the allegations raised by a man–booked in a case alleging VISA fraud and cheating, who had claimed differential treatment by the Police Officials with respect to him and special treatment to the co-accused in the matter. 

The petition sought for a direction to Police Commissioner, Ahmedabad to initiate legal/departmental proceedings against the Police Inspector, Anand Nagar Police Station for giving 'special treatment' to the co-accused in a FIR registered under the Sections 406 (Criminal Breach of Trust), 420 (Cheating) and 114 (Presence of abettor at the crime scene) of IPC.

The Counsel for the Petitioner contended that despite having a similar role pertaining to some transaction regarding VISA, the co-accused were released on bail without remand and submitted that the petitioner was subjected to remand before granting bail. He then requested the Court to direct the Police Commissioner to look into the matter and do needful.

The Counsel for the State then clarified about the release of the co-accused stating that one of the accused was a cancer patient and the other was a woman therefore, no remand was sought for following the normal practice. He further argued that the petitioner played the main role in the alleged offence and therefore, remand was required to be sought. The State then contended that there was no 'differential treatment' given to the petitioner or 'special treatment' given to the co-accused.

After considering the arguments Justice Sandeep Bhatt observed, “Considering the totality of the facts and circumstances of the present case, prima facie, this Court is not satisfied with the explanation given by the concerned Police Authority and, therefore, without entering into the merits of the matter, ultimately, the aforesaid differential treatment can be considered as administration function of the concerned Authority to look into such matter, let the concerned D.C.P. Zone – 7 look into the allegations made in the present matter, and if it is found correct, hold proper inquiry and take necessary action.”

With the above observations, the Court then disposed of the petition.

Case Title: Radhikkumar Jayantibhai Dhameliya vs State of Gujarat & Ors.

Case Citation: 2025 LiveLaw (Guj) 12

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