Disposed

Anita K.Nair v. State of Kerala & Others

Kerala HC5 Aug 2011WP(C)/18687/2011

Case brief

AI extract

What is this about?

In an extradition matter, the petitioner requested the extradition of her husband, a non-resident Indian facing criminal charges. The Court directed the respondent Inspector General of Police to dispose of the extradition petition expeditiously within three months. The writ petition was disposed of accordingly.

What did the court decide?

Directed the 2nd respondent (IGP) to dispose of the petitioner's extradition petition expeditiously within three months from the date of receipt of the judgment copy.

Anita K.Nair Vs State of Kerala & Others — Writ and Judicial Review | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933

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WP(C).No. 18687 of 2011(I) -------------------------AGAINST THE ORDER IN CRMP 889/2009 IN CC.1585/2006 of J.M.F.C.-I,TRIVANDRUM ....................

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PETITIONER(S):

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ANITA K NAIR, D/O.KAMALADEVI HOUSE NO. 631, PRASANTH NAGAR MEDICAL COLLEGE PO, THIRUVANANTHAPURAM.

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BY ADV. SRI.B.PRAMOD

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RESPONDENT(S): ---------------

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STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM.695 001.

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THE INSPECTOR OF GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM RANGE NANDAVANAM, THIRUVANANTHAPURAM- 695 001.

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VIMAL KUMAR, S/O, THANKAPPAN PILLAI HOUSE NO. 1717 (A) BUND ROAD KOODARAPILLY LANE , VYTTILA , ERNAKULAM PRESENTLY AT BAYER CORPORATION, 36 PO BOX 1910 NORRIS TOWN, COLUMBIA ROAD, NEW JERSY 07962 1910.

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GOVERNMENT PLEADER SRI.C.S.HRITHWIK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 18687 of 2011 (I)

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EXT.P1 TRUE COPY OF THE CHARGE SHEET IN CRIME NO.39/2006 OF SREEKARYAM POLICE STATION.

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EXT.P2: TRUE COPY OF THE FIR IN CRIME NO.33/2008 OF SREEKARYAM POLICE STATION

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EXT.P3: TRUE COPY OF THE REPORT DATED 24.07.2007 SUBMITTED BY THE POLICE.

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EXT.P4: TRUE COPY OF THE REPLY DATED 24.07.2008 ISSUED TO THE PETITIONER FROM THE MINISTRY OF EXTERNAL AFFAIRS.

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EXT.P5: TRUE COPY OF THE PRINT OUT TAKEN FROM THE WEB PORTAL. EXT.P6: TRUE COPY OF THE PRINT OUT TAKEN FROM THE EMBASSY OF INDIA IN WASHINGTON.

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EXT.P7: TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 25.11.2009 ISSUED BY THE HON'BLE HIGH COURT OF KERALA.

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EXT.P8: TRUE COPY OF THE GUIDELINES FOR EXTRACTION ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS.

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EXT.P9: TRUE COPY OF THE APPLICATION IN CRL.M.P.NO.889/2009 BEFORE THE JFCM-1, THIRUVANANTHAPURAM.

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EXT.P10: TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.606/2010 OF HIGH COURT OF KERALA DATED 14.6.2010.

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EXT.P11: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER.

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EXT.P12: TRUE COPY OF THE RECEIPT DATED 18.12.2010 ISSUED TO THE PETITIONER.

/TRUE COPY/

P.A.TO JUDGE

V. RAMKUMAR, J.

= = = = = = = = = = = = = W.P.(c).No.18687 of 2011

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= = = = = = = = = = = = = = Dated this the 5^th day of August, 2011

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JUDGMENT

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Petitioner, who is the wife of the 3^rd respondent has filed Ext.P11 representation before the 2^nd respondent for extradition of the 3^rd respondent from U.S.A in terms of Ext.P10 order passed by this Court. The proceedings between the petitioner and the 3^rd respondent arises out of Crime No.39/2006 of Sreekaryam Police Station for offences punishable under Sections 498A read with 34 IPC and now pending before the J.F.C.M-I, Thiruvananthapuram as C.C.No.1585/2006. There is yet another case between the petitioner and the 3^rd respondent pending as C.C.No.225/2008 before the same Magistrate. The request of the petitioner in Ext.P11 petition before the 2^nd respondent was for extradition of the 3^rd respondent.

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In the fitness of things it is only proper that the 2^nd respondent is directed to dispose of Ext.P11 petition filed by the petitioner expeditiously and at any rate within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is disposed of accordingly.

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Dated this the 5th day of August, 2011.

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V. RAMKUMAR, JUDGE

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Anita K.Nair v. State of Kerala & Others

Case brief

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Anita K.Nair v. State of Kerala & Others

Case brief

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