Judgment :-

S.B. Sinha, J.

Leave granted.

INTRODUCTION

Interpretation of the roles and responsibilities of the Central Bureau of Investigation (CBI) vis-`-vis the provisions of the Extradition Act, 1962 (hereinafter referred to as "the Act") is involved in this appeal. It arises out of a judgment and order dated 11.08.2008 passed by a Division Bench of the High Court of Bombay in Criminal Writ Petition No.676 of 2008 whereby and whereunder the appellants application questioning the validity and/ or legality of an order issuing a warrant against the appellant by the Magistrate Court, Clayton County, Georgia in case No. 2006/CW/06369 and Case No. 2006/CW/06370 in USA in respect of a complaint filed by the respondent No. 6 herein, was dismissed. The appellant in that application had also sought for a direction restraining the respondents or any other Central Government machinery from arresting the appellant or taking any action pursuant to or in furtherance of the Red Corner Notice issued by INTERPOL in respect of those arrest warrants.

BACKGROUND FACTS

Appellant and the respondent No. 6 are citizens of India. He went to Michigan to pursue his studies in M.S. (Computer Engineering) between August, 1998 and May, 2000. He also worked as a Software Engineer at California in a company named Broadbase Software upto 2001. He was later on employed as a Technical Lead in a Government Contract Firm at California known as Ancore Corporation between 2001 and 2003.

Appellant married the respondent No. 6 on 6.04.2002 at Mumbai. They moved to California on 19.04.2002 and stayed there till 2005. Out of the said wedlock, a daughter Eesha was born on 26.04.2003. Marital life of the Appellant and the Respondent No. 6 was however not happy. According to the respondent No. 6, she was continuously being harassed. She applied for grant of permanent asylum on 1.07.2003 allegedly under coercion from the appellant. Later on the respondent No. 6 allegedly moved to her sisters house at Sharon Massachusetts, USA.

PROCEEDINGS IN USA

She filed a complaint with the Sharon Police Department on 26.04.2005. On or about 09.05.2005 an application before the Probate and Family Court of Massachusetts for grant of divorce was filed by her. In the said proceeding, she also sought for orders of custody of her daughter.

The Probate and Family Court, Massachusetts passed an order of temporary custody of the child, restraint and abuse prevention ex parte in favour of the respondent No.6 and against the appellant on 10.05.2005. Service of the said order is said to have been effected on the appellant on 20.05.2005. Allegedly, he neither appeared before the Court contesting the said interim custody order nor sought for any modification thereof. Respondent No.6 took up a job and continued to live with her child in Massachusetts. She contends that her Indian Passport was stolen by the appellant from the premises which was being occupied by her.

Admittedly, the appellant came to India with the child on 15.04.2006 in violation of the court custody orders.

The contention of the appellant is that despite the initial marital discord, the parties started living together. It was decided that he should return to India with the child wherefor even a written consent was given by the respondent No. 6 by affirming an affidavit before a Notary on or about 14.04.2006, stating:

"I, Hetal G. Thakker ...authorize my child Eesha B. Lakhani to travel with my husband and her father, Bhavesh Lakhani to India.

They will be leaving the United States of America on or about April 14, 2006 and returning on or about (Undecided)..."

Respondent No. 6, however, contends that the appellant travelled out of the United States of America with the child by creating false and fabricated documents including the said affidavit as would also appear from the fact that the child already had a passport. On the premise that the child was abducted by the appellant, warrants of arrest were issued against him on