JACOB MARTIN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed by the petitioner under Section 482 of the Cr.PC, praying inter alia for quashing of the orders dated 5.3.2011, 26.11.2010 and 22.12.2010 passed by the learned ACMM and for quashing of process dated 3.1.2011 under Section 82 Cr.PC issued by learned ACMM in the proceedings arising from FIR No.554/2004.

(2.) The brief facts of the case as set out in the status report filed by the State in the connected matter, i.e., Bail Application No.218/2011, are that the petitioner who claims to be a cricketer of repute at the international level and is currently employed by the Railways, was the Manager of a cricket club situated in Vadodara, by the name of Ajwa Sports Club. In his capacity as the manager of the said club, the petitioner used to organize cricket teams, which would play friendly matches in United Kingdom with local English cricket clubs. In one such trip to United Kingdom, the petitioner took a person by the name of Nemesh Kumar Manu Bhai Patel as a member of his cricket team. The said person however stayed back in United Kingdom, though the petitioner returned to India. On 11.12.2004, at the instance of the Immigration Department, IGI Airport, the aforesaid FIR was registered with Police Station: IGI Airport, New Delhi under Sections 420/468/471 IPC and Section 12 of the Passport Act, against Nemesh Kumar Manu Bhai Patel, who had been caught by the United Kingdom Immigration Department and deported back to India, as an illegal entrant on the ground that on a scrutiny of his passport, it was found that the home stamp of United Kingdom was counterfeit. In the course of the investigation, from the disclosures made by the accused/passenger, it was ascertained that the petitioner alongwith one Rajubhai Patel had taken '7 lacs from the accused/passenger and had arranged for him to travel to United Kingdom, by posturing as a member of a cricket team. For the said purpose, they had obtained a UK visa for accused/petitioner from the British High Commission. He further disclosed that while in United Kingdom, they had got a counterfeit/forged United Kingdom home office stamp affixed on the passport of the passenger/accused, through an agent namely, Janakraj Bhogilal Pancholi, on payment of 3000 pounds. Further, three public witnesses, namely, Kritbhai Shankarbhai, brother-in-law of the accused/passenger, Rohit Purushottam Patel, a friend of Kritbhai and Rekha Ben Patel, mother-in-law of the accused/passenger were examined and they corroborated the facts disclosed by the accused/passenger. The British High Commission was also requested by the Investigating Officer that the documents and visa related to the accused/passenger be handed over, however he was informed that the said documents had been weeded out and could not be provided. It is stated that investigation was continued in the case and it was finally realized that further investigation into the said matter could only have been made with the assistance of the petitioner.

(3.) The petitioner has averred in the petition that he was informed about the registration of the case in May-June 2010. The IO issued a notice to the petitioner under Section 160 Cr.PC on 13.07.2010, calling upon him to appear before him on 27.07.2010. However, the petitioner did not join the investigation. A second notice was issued to the petitioner on 28.07.2010 for his appearance before the Investigating Officer on 23.8.2010 and for providing a list of the players of Ajwa Sports Club, Baroda, who had gone to United Kingdom alongwith him. However, the petitioner neither joined the investigation nor did he furnish the list of players to the Investigating Officer.