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2017 Supreme(Del) 2740

ASHUTOSH KUMAR
OMESH CHANDER KASHYAP – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.B. Upadhyaya, Sr. Adv. with Mr. B.K. Shahi, Mr. Naveen Kumar, Mr. Nishant Kumar & Mr. Ram Naresh.
For the Respondent: Mr. Rajesh Gogna, CGSC with Mr. L.Gangmei, Ms. Vipra Bhardwaj & Mr. Akhilesh Sagar.

JUDGMENT :

ASHUTOSH KUMAR, J.

1. Omesh Chander Kashyap faced an enquiry before the learned Additional Chief Metropolitan Magistrate-01, Patiala House Courts, New Delhi in connection with his extradition to Canada and the learned Additional Chief Metropolitan Magistrate vide order dated 31.03.2015, after a full fledged enquiry under Section 7 of the Extradition Act, 1962 (hereinafter called as ‘Act’) recommended for the extradition of the petitioner to Canada, the requesting State. The Government of India through the Ministry of External Affairs, CPV Division (Externment Section), vide order dated 04.12.2015 communicated to the petitioner that the Central Government intends to accept the enquiry report of the learned Magistrate for extraditing the petitioner, and such intimation was in the nature of a notice to the petitioner to avail of his remedies as against such acceptance of the enquiry report for extraditing him.

2. By the present writ petition, the report of the learned Additional Chief Metropolitan Magistrate dated 31.03.2015 under Section 7 of the Act and the decision of the Central Government to accept such report vide communication dated 04.12.2015 are sought to be quashed a









































































































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