Tag: Chief Metropolitan Magistrate

AAP MLA discharged by Delhi court in six cases of extortion

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A court here today discharged Delhi AAP MLA Manoj Kumar in six related cases of extortion filed against him in August 2015.

Additional Chief Metropolitan Magistrate Samar Vishal absolved the MLA from the charges citing lack of evidence against him.

The court, however, framed the charges against his personal assistant and co-accused Deepak Sharma in the case.

Delhi police had registered as many as 17 FIRs in East Delhi against Sharma, who was then arrested. In some of the FIRs, the MLA was also made an accused.

Sharma was arrested over a complaint by a ration shop owner, who had alleged that he had been extorting Rs 2,000 every month from local shop owners, and had threatened to cancel their licenses if they refused to pay up.

Most of the complainants had alleged that Sharma had been extorting Rs 2,000 from each of them, the police had said.

Sharma had threatened to shut down the shops of those who resisted his demand, the complainants had told the police.

Court issues warrant against foreign fugitive

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A production warrant has issued by the Delhi court  for May 24 against a foreign fugitive, who is currently in judicial custody in Mumbai after being arrested last month, to extradite him to the US.

The order came after the government moved the court for issuance of production warrant against 57-year-old Christopher Godfrey, a UK citizen, saying it has received a request to extradite him to the US where he is wanted in a bank fraud case for which he was to serve a 41-month jail term.

Godfrey was arrested in Mumbai on April 7 after a request for extraditing him was received from American authorities. He is in judicial custody till May 13.

“FC (fugitive criminal) is stated to be apprehended and arrested on April 7, 2013, by the Additional Commissioner of Police, Mumbai, pursuant to a request from the requesting state (the US) for the provisional arrest for the purpose of extradition of FC and he is presently in JC of ACMM…Mumbai and the judicial custody of the FC expires on May 13.” “In the facts and circumstances, let production warrant be issued for providing FC in the court along with passport and other relevant documents through Assistant Director, CBI (Interpol) for May 24,” Additional Chief Metropolitan Magistrate (ACMM) Sudesh Kumar said.

Advocate Naveen Kumar Matta, who appeared for the Centre, told the court that the Ministry of External Affairs had received a request from the US to extradite Godfrey for serving the jail term which was awarded by a court in northern district of Illinois.

Referring to the request received from the US, Matta said Godfrey was charged on two counts there — one for bank fraud and the other for making a false statement to the bank.

An arrest warrant was issued against him by the US court on March 12 last year.

As per the records received from the US, between February 2002 and April 2004, Godfrey had defrauded and attempted to defraud four banks of USD 9.55 million.

The US officials, in the documents sent to the MEA, said Godfrey had submitted fraudulent bank loan applications in an effort to obtain commercial loans and he received a business loan of USD 9,33,370 from a bank by lying about his business clients, his residence and a fake life insurance policy.

They said after receiving the loan, Godfrey had defaulted in repaying USD 7,32,651 to the bank.

After being convicted and sentenced by the court there, Godfrey had fled from the US and come to Mumbai in March this year.

Ponty Chadha case: Two absconders surrender

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Seven absconding persons chargesheeted in the sensational case pertaining to the killing of liquor baron Ponty Chadha and his younger brother Hardeep in a shootout at their disputed farmhouse in South Delhi surrendered on Thursday before a court here which sent them to police custody for seven days.

The seven appeared before Chief Metropolitan Magistrate (CMM) Raj Kumar Tripathi who remanded them to police custody till March 14.

The men, who are allegedly associates of sacked Uttarakahand Minority Commission chairperson S. S. Namdhari, are Satnam Singh alias Satte, Balkar Singh, Baaj Singh, Pargat Singh, Kulbir Singh, Bakshish Singh and Hardayal Singh. The court had earlier issued non-bailable warrants against them. Two others are still absconding.

The Delhi Police Crime Branch sought custody of the accused saying they were required to be taken to various places in Uttar Pradesh for recovery of weapons used in the November 17, 2012, shootout.

The police said the seven have also to be confronted with the call details and CCTV footage seized during investigation.

 

PTI

Andhra Pradesh paves way for Enforcement Directorate probe in Satyam case

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Paving the way for the Enforcement Directorate (ED) to proceed with the Satyam scam case, the state government has issued an order designating the local court trying the multi-crore accounting scandal as a sessions court. As per the Prevention of Money Laundering Act (PMLA), courts lower than sessions court cannot try cases filed by the Enforcement Directorate.
“In the circumstances explained by the registrar (vigilance), AP High Court, the government, after careful examination of the proposal, hereby designates the XXI additional chief metropolitan magistrate’s court, Nampally, as the sessions court”, the Government Order (GO) issued last week said.

The ED, which was awaiting an administrative decision of the High Court in designating a competent court as a special court for ED cases, is now getting ready to file its chargesheet in the case.

 

PTI

Italian marines case; New Delhi CMM to conduct proccedings

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The Delhi High court recommend the name of Chief Metropolitan Magistrate of the Patiala House courts here in New Delhi for conducting the proceedings in the case of killing two Indian fishermen off Kerala coast in which two Italian marines are the accused

According to high court sources, the name of Amit Bansal, CMM of New Delhi district, has been forwarded to the Centre after the Union government had approached High Court to set up a special court to hear the case against Italian marines Massimiliano Lattore and Salvatore Girone.

The Supreme Court, on January 18, had directed the Centre to constitute a special court after which it had on March 23 asked the high court to set up a court. Italy is also pressing for quickly setting up the Special Court.

The two marines, who were allowed by the apex court on February 22 to go to Italy for four weeks to cast their vote in the general elections there, and had returned on March 22.

The Kerala police, on May 18 last year, had filed a charge sheet in a court at Kollam in Kerala against the two marines charging them for the offence of murder under IPC and also invoking the International Maritime Law.

After filing of the charge sheet, the marines had moved the superior courts, including the apex court, challenging the jurisdiction to try them in India alleging that the alleged offence had took place in “International waters”.

The Supreme Court, however, had dismissed their plea and had directed the Centre to set up a special court outside Kerala to hold the trial in the case.

According to the sources a official notification for setting up of the special court will follow and it will be issued by the Delhi Government.

As per the provisions of CrPC, a murder case is triable exclusively by a sessions court and a magistrate will have to commit the case to a sessions judge for trial after taking cognisance of the charge sheet.

On February 22, the apex court had questioned the government as to why it was “dragging its feet” on the issue of setting up a special court for trying the two marines.

It had also taken exception to the Centre not following the apex court’s January 18 direction to consult the Chief Justice of India for setting up a special court.

The two marines were on board an Italian vessel ‘Enrica Lexie’ when they allegedly shot dead two fishermen off the Kerala coast on February 15, last year.

Kanpur advocates get 45 days imprisonment for indiscipline

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45 days simple imprisonment has been announced by the Allahabad High Court to two local advocates for their indiscipline on the court premises.

Besides, a fine of Rs 1000 has been imposed on each of them.

According to court sources, Satyendra Kumar Dixit and Satya Sakhshi Haldhar had created unruly atmosphere in the court room of Additional Chief Metropolitan Magistrate (VII), Kanpur, on April 7, 2004. They tried to pressure the presiding officer for granting bail to their client.

The then ACMM Amit Kumar had taken a strong view against them and had referred their matter to the High Court for contempt of court proceedings. A two judge bench comprising Dharnidhar Jha and justice Mahendra Dayal, a few days ago disposed of the matter and punished the two advocates with imprisonment and fine. It directed the chief metropolitan magistrate (CMM) to execute the order.

The CMM issued notices to two advocates and asked them to appear in his court.

ED gets four days custody of Verma and his wife

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The Enforcement Directorate (ED) was on Thursday allowed by a Delhi court to take into their custody businessman Abhishek Verma and his wife for four days to quiz them for their alleged role in a money laundering case.

Verma and his Romanian wife Anca Maria Neascu, arrested by the ED yesterday in connection with the case, were produced before the court which remanded them to its custody till August 27 after the agency said that the case is having “wide international ramifications” and the probe is going on.

The ED told the court that it was the only competent authority to investigate under the Prevention of Money Laundering Act (PMLA), 2002 and that the duo’s custodial interrogation was necessary to know the magnitude of the offence committed by them.

“…thus keeping in view all the allegations on accused persons, the accused persons are remanded to the custody of the department for the period of four days,” Additional Chief Metropolitan Magistrate (ACMM) Gautam Manan said.

During the arguments, ED’s prosecutor Naveen Kumar Matta sought seven days custody of both the accused saying that the probe in the case is in progress.

“From the investigations conducted so far, there has emerged a prima facie case of violation of provisions of the PMLA of a very large magnitude having wide international ramifications involving a number of persons/entities including both the accused/suspects. These investigations are still in progress,” the ED, in its remand application, said.

ED said Verma and his wife were involved in the offences of PMLA of very high magnitude “running into crores of rupees”.

The ED had registered a money laundering case against the couple for allegedly receiving money from a Swiss defence firm to keep it out of the Indian government’s blacklist.

NHRC’s letter:Court orders relook into inmate’s death

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A Delhi court has ordered a fresh inquest into a prison inmate’s death after National Human Rights Commission(NHRC) raised questions about the diagnosis of the victim’s ailment. Chief Metropolitan Magistrate Vinod Yadav directed a magisterial court, which had conducted the inquest into Rohini jail inmate Om Prakash’s death, to report if proper diagnosis with respect to his ailment was carried out and if a proper treatment was provided to him.

 “Let a copy of inquest proceedings along with a copy of NHRC letter be sent to the magisterial court with direction to file its report inter alia, specifying therein if proper diagnosis in respect of ailment of Om Prakash was carried out and the treatment provided,” the CMM said while calling for report on July 16.

He also said the metropolitan magistrate, looking into the matter, “is at liberty to seek the opinion of the doctor concerned and is even authorised to visit the hospital for his report.” The CMM gave the directions on the June 12 letter from NHRC asking his comments on the matter.

 Facing trial for various offences under IPC including culpable homicide, Om Prakash was lodged in Rohini jail.

 The NHRC letter said, “The death summary of the deceased submitted by the medical officer/in-charge, district jail, Rohini reveals that deceased had on September 3, 2009 and September 17, 2009 made complaints of chest pain and gave history of chest pain for last two years.”

The NHRC said it is not apparent from record if proper diagnosis was carried out and proper treatment was provided to the patient during his stay in jail between March 22, 2009 and September 29, 2009 and that the magisterial enquiry report did not consider this aspect.

Israeli diplomat attack: Kazmi seeks bail

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Syed Mohammad Kazmi, the chief accused of Israeli diplomat attack, arrested for his alleged role in a terror attack on an Israeli diplomat here, today moved a court here seeking bail on the ground that Delhi Police have got the probe period extended in a “malafide and calculated move”.

  In his application before Chief Metropolitan Magistrate Vinod Yadav, Kazmi said “the investigating agency has failed to file the chargesheet as mandated by section 167 (2) CrPC (according to which on expiry of period of 90 days, the accused shall be released on bail).

  The court has directed the Investigation Officer to report on July 17.

  Kazmi said “the investigating agency with malafide and calculated move to overreach the ambit and protection given under section 167 CrPC to the accused to get the bail after furnishing bail bonds has filed an application seeking extension of period of investigation for a further period of 90 days.”

  “Surprisingly, neither the notice of the said application (of Delhi Police for extension of probe period) nor the report as mentioned in the order, filed by the public prosecutor in terms of section 43D of Unlawful Activities Prevention Act was served upon the counsel of the accused in person.

  “The order dated June 2 as passed on the said application for extension of period of time for investigation is unsustainable being contrary to the settled law, without jurisdiction and does not per se extend the time for filing the chargesheet and the chargesheet admittedly has not been filed as yet and the time of 90 days as contemplated for filing chargesheet stands expired,” he said in the application filed through his counsel.

  Kazmi was arrested by Special Cell of Delhi Police on March 6 in Israeli diplomat attack. He completed 90 days in custody on June 5. The police, however, did not file the chargesheet saying it is still investigating the matter.

  It then sought extension of probe period by 90 days, which was allowed by the CMM on June 2 in Israeli diplomat attack.

  Earlier, on April 3, the CMM had refused him bail saying there was prima-facie evidence of his involvement in the terror strike on the Israeli diplomat attack case.

Israeli diplomat case: Accused journalist moves court

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Syed Mohammad Kazmi, a journalist who is an accused in the February 13 terror attack on an Israeli diplomat case, today moved the Delhi high Court seeking a direction to resume hearing before a sessions judge on his plea against extension of probe period in the case.

 Kazmi, in judicial custody in the Israeli diplomat case, had moved the sessions court against an order of the Chief Metropolitan Magistrate (CMM) allowing Delhi police the extension of period of investigation from 90 days to 180 days.

 Justice Manmohan has fixed further hearing on the fresh plea of Kazmi on July 13.

Earlier, the High Court had said that till it decides the question of law relating to power of magistrates to deal with cases lodged under the Unlawful Activities Prevention Act (UAPA), the court of CMM will keep on dealing with such cases.

 The Israeli diplomat case had come before the High Court after a sessions judge questioned the power of a magisterial court to deal with the cases under anti-terror law UAPA.

 The jailed scribe, in his fresh plea in the High Court, has sought a direction for resumption of hearing before a sessions court on his revision petition filed against the extension of time granted to police to conclude the probe.

 “The order dated July 2 may be modified to the extent that the proceedings in the criminal revision before S S Rathi (sessions judge) be allowed to continue on other issues apart from the competence of the CMM to grant/extend the custody in the said matter,” the petition said.

 Kazmi was arrested on March 6 for his alleged role in the embassy car bombing. Four people were injured when an Israeli embassy car was struck by a bomb near the Prime Minister’s official residence here on February 13 this year.