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2023 Supreme(Del) 1116

ANISH DAYAL
Bernd Alexander Bruno Wehnelt – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Satyam Thareja (DHCLSC), for the Petitioner.
Mr. Ajay Digpaul, (CGSC) with Mr. Anil Soni, Ms. Kamal Digpaul & Ms. Swati, Advocates, for the Respondent.

JUDGMENT

Anish Dayal, J.

1. This petition has been filed by the petitioner to set aside the Extradition Inquiry Report dated 24th August 2022 and the order/letter dated 16th September 2022 of the respondent (Union of India).

2. The background facts of the matter are that an extradition request was received from the Government of Federal Republic of Germany through diplomatic channels for the extradition of the petitioner, who is a German national. Petitioner was an accused in Germany as per a complaint filed before the District Court Muhldorf a. Inn. The allegations related to September 2003, when, as per the case of the prosecution, the petitioner had approached two children of four years and six years old while they were playing and took several pictures of them including asking one of them to pull down their trousers and underpants. Subsequently, after an investigation, his locker in the faculty of Biology and Preclinical Medicine at the University of Regensburg, was found to have numerous CDs and DVDs where images of both male and female children were stored performing sexual acts with adult persons. Accordingly, the petitioner was alleged to have committed the following offe

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