Sessions court pulls up magistrate for wasting judicial time

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.