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* IN THE HIGH COT]RT OF DELHI AT NEW DELHI
+ w.P.(cRL) r202l20lr & cRL. M.A 10229-3012011
JACOB PHILIP ..... Petitioner
Through : Mr Pankaj Sinha with Mr Atul Guleria
* IN THE HIGH COT]RT OF DELHI AT NEW DELHI
+ w.P.(cRL) r202l20lr & cRL. M.A 10229-3012011
JACOB PHILIP ..... Petitioner
Through : Mr Pankaj Sinha with Mr Atul Guleria
VERSUS
..... Respondent
Through : Mr C. S. Chauhan for Ms Rajdipa
Behura
Through : Mr C. S. Chauhan for Ms Rajdipa
Behura
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE J. R. MIDHA o 30.08.2011
By way of this writ petition, the petitioner has challenged the order dated 26.II.2008 passed by the Central Government under Section 5 of the
Extradition Act, 1962 requiring the Magistrate to conduct an inquiry. A prayer has also been made for quashing of the proceedings before the learned
ACMM-I,Patiala House Courts, New Delhi, which have been pending before him pursuant to the said order dated 26.IL2008.
We find that this is not the appropriate stage to entertain this writ petition inasmuch as the ACMM has to follow the procedure under the
Extradition Act, 1962 and complete the inquiry as directed by the Central
Government. However, we do note that the Central Government had passed
UOI & ANR
HON'BLE MR JUSTICE J. R. MIDHA o 30.08.2011
By way of this writ petition, the petitioner has challenged the order dated 26.II.2008 passed by the Central Government under Section 5 of the
Extradition Act, 1962 requiring the Magistrate to conduct an inquiry. A prayer has also been made for quashing of the proceedings before the learned
ACMM-I,Patiala House Courts, New Delhi, which have been pending before him pursuant to the said order dated 26.IL2008.
We find that this is not the appropriate stage to entertain this writ petition inasmuch as the ACMM has to follow the procedure under the
Extradition Act, 1962 and complete the inquiry as directed by the Central
Government. However, we do note that the Central Government had passed
UOI & ANR
2011:DHC:16954-DB u/+
-: the order on 26.1 1.2008 and the inquiry has yet not been completed despite the passage of almost three years. All this while, the petitiorfer has been in judicial custody.
Consequently, we dispose of this writ petition with the direction that the learned ACMM-I, Patiala House Courts, New Delhi shall expedite the inquiry and complete the same preferably within three months.
The writ petition stands disposed of accordingly.
AUGUST 30, 2011
SR
J. R. MTDHA, J
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DAR DURREZ AHMED, J
2011:DHC:16954-DB
-: the order on 26.1 1.2008 and the inquiry has yet not been completed despite the passage of almost three years. All this while, the petitiorfer has been in judicial custody.
Consequently, we dispose of this writ petition with the direction that the learned ACMM-I, Patiala House Courts, New Delhi shall expedite the inquiry and complete the same preferably within three months.
The writ petition stands disposed of accordingly.
AUGUST 30, 2011
SR
J. R. MTDHA, J
It
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' a t I aa\t, A
\\T1I ]\JA,/ vvrl
-- |
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DAR DURREZ AHMED, J
2011:DHC:16954-DB
JUDGMENT