New Delhi: A sessions court has pulled up
a magistrate for passing an order "without jurisdiction" for
release of luggage of an accused from a custom warehouse,
saying he wasted precious judicial time rather than holding
expeditious trial in the forgery case pending since 2005.
While setting aside an order of former chief
metropolitan magistrate (CMM) directing a police inspector to
have the luggage of the accused released after paying
warehouse`s rent from his own pocket, Additional Sessions
Judge Santosh Snehi Mann said the order was "erroneous" and
had been "passed without jurisdiction".
"It is a matter of concern that despite the fact that
the charge sheet was filed way back in the year 2005, charges
have not been framed in this case till date whereas precious
judicial time has been wasted in facilitating the accused to
get his luggage which was beyond the jurisdiction of the
court," ASJ Mann said.
"The order passed by the trial court cannot sustain
because it is erroneous and has been passed without
jurisdiction. It is thus set-aside," the court said.
The court passed the order on Delhi Police Special
Cell Inspector Devendra Singh`s appeal, challenging the CMM`s
January 2010 order, to have the luggage of one Eugene Fredrick
Felix, arrested at IGI Airport in May 2008 in a cheating and
forgery case, released.
Felix was arrested on the basis of Red Corner Notice
(RCN) issued against him for his alleged involvement in a case
to procure US visa on the basis of forged documents.
The case was originally registered on the complaint by
the Consulate of US Embassy in March 2005 alleging that two
brothers, Leo Peter Rozario and Daniel Peter Rozario had
applied for US visa on the basis of forged documents.
The duo had told the police about Felix`s involvement
in the case, registered under various sections of the Indian
Penal Code including those of cheating, and forgery.