Former Indian cricketer Jacob Martin has failed to get any relief from a Delhi court which dismissed his plea challenging framing of charges against him in a case in which he is accused of fraudulently obtaining visa for another person from the UK High Commission.
Additional Sessions Judge Vinod Kumar dismissed a revision petition filed by Martin, who had represented India in 10 one day international matches, against a magisterial court's order framing charges for alleged offences of cheating and criminal conspiracy against him.
"Even if the documentary evidence has been weeded out as already discussed, the statements of aforesaid witnesses (of police) are enough to frame charge against the revisionist (Martin). What is the worth of these statements, can only be seen during the trial.
"However, I am of the opinion that the Additional Chief Metropolitan Magistrate has rightly framed the charge against the revisionist and I find no infirmity in the impugned order and the charge," the judge said while dismissing his plea.
The police had opposed Martin's plea in the sessions court contending that while framing charges, the magisterial court had referred to statements of various prosecution witnesses which prima facie established that Martin had floated a bogus cricket club and obtained visa for co-accused Nimesh Kumar Manubhaiasateammember.
Martin's counsel has told the court that in 2003, his client became a part of the Vadodara-based club which toured the United Kingdom for friendly cricket matches with the local English cricket clubs.
He argued that in September 2003, Martin took a team of cricketers to the UK and Patel was one of the members of the team.
The lawyer told the court that Martin had returned to India within the validity period of his VISA but later, it transpired that in August 2004, Patel had travelled to London and allegedly overstayed there after which he was deported back to India in December 2004.
He said that after Patel had returned to the Indira Gandhi International airport here, a complaint was lodged against him alleging that the home stamp of UK affixed in his passport appeared to be counterfeit.
Martin's lawyer also told the court that no role could be attributed to his client for the alleged offence. He also said there was no complaint from the UK mission that the VISA was obtained fraudulently.
He also argued there was no evidence of any conspiracy.
The court, while dismissing his plea, asked Martin to appear before the magisterial court on December 7.
