Delhi District Court
Jacob Martin vs . State Order Dt. 30.11.2015 on 30 November, 2015
Jacob Martin Vs. State Order dt. 30.11.2015
IN THE COURT OF ADDITIONAL SESSIONS JUDGECUM
SPECIAL JUDGE03, (P. C. ACT) (CBI)
PATIALA HOUSE COURTS, NEW DELHI
CR No. 19/15
Jacob Martin
S/o Mr. Joseph Martin
R/o 203, Shalin Flats
Near Mother School, Gotri,
Baroda390021 ..... revisionist
Versus
State of NCT of Delhi ..... Respondent
Date of filing of revision petition : 20.05.2015
Date of hearing arguments : 09.11.2015
Date of announcement of order : 30.11.2015
ORDER
1. The revisionist has filed this revision petition challenging the order dated 04.03.2015 passed by Sh. Ajay Garg, Ld. ACMM, Patiala House Courts, New Delhi, in case FIR No. 554/2004, PS I.G.I. Airport, vide which a charge u/Sec. 420/120B IPC was framed against the revisionist.
2. Notice of the revision petition was given to State and trial court record was summoned. Ms. Anupama Kumar Singh, Ld. CR No. 19/2015 Page 1 of 10 Jacob Martin Vs. State Order dt. 30.11.2015 Additional Public Prosecutor has strongly opposed this revision petition submitting that the trial court has referred to the statements u/Sec. 161 Cr.PC of witnesses, namely, Rekhaben Patel, Jitender Kala and Rohit Purshottam, which prima facie established that the present revisionist floated bogus cricket clum named as Azwa Sports Club and obtained the VISA for accused Nimesh Kumar Manubhai as a team member.
3. Sh. Subhash Gulati, Advocate for revisionist submits that the revisionist has been an international cricketer and has represented Indian Cricket team in years 19992001. The revisionist has been a celebrity cricketer in Vadodara and was also playing cricket for Indian Railways. In addition, he was also involved in facilitating cricket coaching camps and helping young upcoming cricketers nurture their cricketing talents in Vadodara and other parts of Gujarat.
4. Ld. counsel for revisionist further submits that in the year 2003, the revisionist had an occasion to be part of a cricket club situated in Vadodara by the name of Ajwa Sports Club. The revisionist was associated with the said club as a Manager, which toured to United Kingdom for friendly cricket matches with the local English cricket clubs.
CR No. 19/2015 Page 2 of 10Jacob Martin Vs. State Order dt. 30.11.2015
5. It is further submitted on behalf of revisionist that on 08.09.2003, the revisionist took a team of cricketers to U.K. All the passports and visas of the cricketers in the said team were in proper order and one of the members of the said team was Nimesh Manubhai Patel. It is further submitted that the revisionist had duly returned to India within the validity period of his VISA.
6. However, it transpired subsequently that on 05.08.2004, the said Nimesh Manubhai Patel travelled from Ahmedabad to London. It seems he had overstayed in U.K. at his own volition and was deported back to India on 08.12.2004 as an illegal entrant to U.K. It has also been reported that he also had counterfeit Home Stamp on page no. 7 of his passport No. E0696115.
7. It is further submitted by Ld. counsel for revisionist that on 11.12.2004, he arrived in India as a deportee and as a result, one Sh. A.K. Mishra, an officer/ personnel at Indira Gandhi International Airport, New Delhi lodged a written complaint alleging, inter alia, that Nimesh Patel had arrived at the airport as a deportee from London being an illegal entrant in U.K. It was further alleged that the Home Stamp of United Kingdom CR No. 19/2015 Page 3 of 10 Jacob Martin Vs. State Order dt. 30.11.2015 affixed at page 7 of his passport appeared to be counterfeit. After interrogation, the said Nimesh Patel disclosed that after his arrival in U.K., he had contacted an agent named Ashwin Patel in London who had arranged for counterfeit Stamp after charging him three thousand British Pounds. As such, the abovementioned FIR bearing No. 554/2004 was registered on the basis of this complaint u/Sec. 420/468/471 of IPC and Section 12 of the Passport Act on 11.12.2004 at PS IGI Airport. It is further submitted that the name of the revisionist does not find mention in the said FIR and the complaint. Ld. counsel for revisionist submits that prima facie, the offence constituted of counterfeiting of the Home Stamp of U.K. on the passport of Nimesh Manubhai Patel and no role of the revisionist herein could be attributed in the said offence and that the prosecution has not been able to draw any nexus between the revisionist and the said offence of counterfeiting of the Home Stamp of U.K.
8. The investigation into the matter culminating in filing of the first charge sheet on 11.01.2011 wherein Nimesh Manubhia, Janak Bhogilal, Rajendra Bhiku Bhai were chargesheeted and the revisionist was put in column 12 alleging that the revisionist was not traceable. However, subsequently, the revisionist CR No. 19/2015 Page 4 of 10 Jacob Martin Vs. State Order dt. 30.11.2015 surrendered before the police and on 02.06.2011 a supplementary chargesheet was filed before the trial court wherein the revisionist was also chargesheeted.
9. As per the supplementary chargesheet, one Rajender Bhikhu Bhai had arranged the trip to U.K. of Nimesh Bhai with the help of the revisionist and accused Janak Bhogilal Pancholi.
10. As per the case of the prosecution, a fake team of cricketers was formed in the name of Ajwa Sports Club. Nimesh Manu Bhai was also shown to be one of the members of this cricket club. Ld. counsel for revisionist submits that the only allegation against the revisionist is that he along with Chetan Kaley had provided some basic coaching and information on cricket to him and other members of the cricket team to facilitate the trip of Nimesh Manubhai to U.K. It is further submitted that the passport of Nimesh Manubhai was a genuine document and the VISA obtained thereupon was also genuine and no forgery or tampering of either has been alleged in chargesheet.
11. Further, it is submitted by Ld. counsel for revisionist that as per the case of the prosecution, the accused Rajender Bhiku was the one who had demanded a consideration of Rs. 7 lakh CR No. 19/2015 Page 5 of 10 Jacob Martin Vs. State Order dt. 30.11.2015 from Nimesh Manu Bhai to facilitate the trip to U.K. as a member of a cricket team. After reaching U.K. in September 2003, Nimesh Manubhai did not continue to be with the cricket team managed by the revisionist and went on his own with his passport.
12. Ld. counsel for revisionist has drawn my attention to the fact that during the course of investigation, the British High Commission in India gave a letter dated 03.06.2010 stating that Nimesh Manubhai was given visa on 11.08.2003, however, the other relevant papers had been weeded out. No information regarding the other members of the cricket team who travelled to UK has been provided by the British High Commission or otherwise collected by the Investigating Agency. The other member of the team have neither been cited as witnesses or co accused. Hence, it is argued by Ld. counsel for revisionist that there is no other material on record to substantiate the allegation of the prosecution that the said cricket team was bogus.
13. Ld. counsel for revisionist further submits that as per the case of prosecution, the counterfeit Home Stamp was affixed by Ashwin Patel during the second visit of the said Nimesh in CR No. 19/2015 Page 6 of 10 Jacob Martin Vs. State Order dt. 30.11.2015 August 2004 on payment of 3000 pounds. Ld. counsel for revisionist submits that as per prosecution case, the revisionist had not gone to U.K. in August 2004 or subsequently.
14. Hence, it is argued on behalf of revisionist that there is no question of any cheating or fraud with the U.K. embassy in obtaining the VISA. Furthermore, there is no complaint from the U.K. Embassy that the VISA was obtained fraudulently.
15. It is further argued that the payment of the alleged sum of money of Rs.5 lakh is unsubstantiated as the alleged cheques issued in favour of Rajender Bhiku Bhai are drawn in November and December 2002 which is even before the accused had come in contact with the revisionist and there is no nexus between the said sum of money and the revisionist as per the case of prosecution.
16. On 04.03.2015, the Ld. ACMM was pleased to pass an order directing framing of charges against the revisionist for offences u/Sec. 420/120B IPC vide impugned order.
17. Ld. counsel for revisionist has challenged this order submitting that neither there is any complaint from U.K. Embassy that the petitioner had obtained VISA of said Nimesh Manubhai by fraudulent means. It is further submitted that Ld. CR No. 19/2015 Page 7 of 10 Jacob Martin Vs. State Order dt. 30.11.2015 ACMM had lost sight of the fact that the FIR was registered on counterfeiting the Home Stamp of U.K. on passport on 11.12.2014 i.e. more than one year after the last association of revisionist with Nimesh Manubhai, is alleged to have taken place. It is submitted that the main offence is pertaining to counterfeit Home Stamp of U.K., whereas a new prosecution story has been developed to implicate the petitioner by wrongly presuming that U.K. Embassy has been deceived. It is further submitted that there is no evidence of conspiracy against accused persons including the petitioner. Further it is argued that there is no evidence to substantiate that a bogus cricket team was created and as per the letter from British High Commission, all the documents pertaining to VISA details as required by prosecution have been weeded out. Further, the sanction under Section 188 Cr.PC dated 30.06.2014 is silent in respect of the offence u/Sec. 420 IPC.
18. I have perused the trial court record. The statements u/Sec. 161 Cr.PC of PWs Rohit Purshottam Patel, Krit Bhai and Jitender Verma clearly show as to how Nimesh Manubhai had been sent fraudulently. The statement u/Sec. 161 Cr.PC of Jitender Kale describes in detail as to how the present revisionist CR No. 19/2015 Page 8 of 10 Jacob Martin Vs. State Order dt. 30.11.2015 was involved in sending the people to U.K. under the garb of showing them as cricket players of his fake Club. It is true that as per the letter dated 03.06.2010 by British High Commission, the record relevant to Nimesh Kumar had been weeded out in U.K. Embassy and that there is no record of bogus players sent alongwith Nimesh Manubhai Patel. However, it must be kept in mind that such type of offences are being committed in such an organized manner that the same are hard to detect. The persons, who had gone abroad under the bogus garb of cricket players, would hardly come to testify as they themselves would not like to get themselves exposed to the prosecution. In such a scenario the evidence will come from the witnesses, who have observed commission of these offences. The prosecution intends to prove their case by examining the aforementioned witnesses. PWChetan Jitender Kale has testified as to how the cricket club of this revisionist was a fake club and how he was instrumental in sending the persons including Nimesh Kumar Manubhai to U.K. by representing them as cricket players. PWRohit Pushottam Patel, Krit Bhai, Rekhaben Patel also have stated in their statements u/Sec. 161 Cr.PC as to how Nimesh Kumar Manubhai was shown as a cricket player and was sent to U.K. by CR No. 19/2015 Page 9 of 10 Jacob Martin Vs. State Order dt. 30.11.2015 the present revisionist in conspiracy with other coaccused persons. Even if the documentary evidence has been weeded out as already discussed, the statements of aforesaid witnesses are enough to frame the charge against the revisionist. What is the worth of these statements, can only be seen during the trial. However, I am of the opinion that Ld. ACMM has rightly framed the charge against the revisionist and I find no infirmity in the impugned order and the charge.
19. Accordingly, the revision petition is dismissed.
20. Copy of this order alongwith the trial court record be returned to the trial court, where the revisionist shall appear on 07.12.2015 for trial as per law.
21. Revision file be consigned to the Record Room. Announced in the open court on 30.11.2015 (Vinod Kumar) Special Judge03 (PC Act)/CBI cumAddl. Sessions Judge, PHC/ND CR No. 19/2015 Page 10 of 10