Disposed

Ajantha Barnabas v. the Ministry of External

Madras HC25 Aug 2022WP(MD)/20161/2013

Case brief

AI extract

What is this about?

Petitioner sought Mandamus for extradition of 4th respondent from Qatar to face prosecution for matrimonial offences. Court noted a look out notice was already issued. Petition disposed upon direction to first respondent to proceed further. No costs awarded.

What did the court decide?

Directed the first respondent (Ministry of External Affairs) to proceed further in accordance with law. No costs awarded.

Ajantha Barnabas Vs the Ministry of External — Madras HC (2022) — LawSathi Research

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W.P.(MD).No.20161 of 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 25.08.2022

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD).No.20161 of 2013

Ajantha Barnabas

... Petitioner

Vs.

1.The Ministry of External Affairs, represented by its Secretary, Government of India, New Delhi.

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2.The District Collector, Kanyakumari District, At Nagercoil.

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3.The Superintendent of Police, Kanyakumari District, At Nagercoil.

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4.A.Deepu Andrews ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 for extradition of the 4^th respondent Deepu Andrews, son of Andrews bearing Old Passport Number B5946197 New Passport No.J4206045 from the Qatar considering the representation of the petitioner, dated 18.11.2013, within a stipulated period that may be fixed

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.20161 of 2013

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by this Court.

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For Petitioner : Mr.S.Sivakumar For R1 : Mr.V.Malaiyendran For R2 and R3 : Mr.S.Shanmugavel Additional Government Pleader For R4 : No appearance *****

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O R D E R

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The writ petition is filed seeking a writ of Mandamus, directing the

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respondents 1 to 3 for extradicting the 4^th respondent.

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2.According to the learned Counsel for the petitioner, she got married to the 4^th respondent herein on 23.06.2008. Due to matrimonial discard, the 4^th respondent had filed O.P.No.1477 of 2010 for divorce before Family Court, Thiruvananthapuram and the same was dismissed for default. The petitioner had lodged a police complaint before All Women Police Station, Colachel and FIR has been registered under crime no.7/2012 under sections 420, 406, 498(A) of IPC and sections 3, 4, 6 of Dowry Prohibition Act. The police authorities have also filed a final report before the learned Judicial Magistrate Court No.II, Kuzhithurai. Since the 4^th respondent is absconding, the final report was

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.20161 of 2013

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returned without taking into file for taking cognisance of the offence.

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3.According to the petitioner, the 4^th respondent is in Qatar and

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unless steps are taken by the authorities, he cannot be brought back to India to face the criminal proceedings.

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4.On instructions, the learned Counsel for the 4^th respondent has placed on record that the 3^rd respondent has already issued a look out notice on 02.09.2016 and the same has also been intimated to the Foreigners Regional Registration Officer, Bureau of Immigration, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai. Since the look out notice circular has already been issued by the 3^rd respondent herein, the first respondent is directed to proceed further in accordance with law

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5.With the above said observation, the writ petition is disposed of.

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No costs.

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25.08.2022 Index : Yes / No Internet : Yes / No

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Tmg

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.20161 of 2013

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R.VIJAYAKUMAR ,J.

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Tmg

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1.The District Collector, Kanyakumari District, At Nagercoil.

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2.The Superintendent of Police, Kanyakumari District, At Nagercoil.

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Order made in W.P.(MD).No.20161 of 2013

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25.08.2022

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https://www.mhc.tn.gov.in/judis

Ajantha Barnabas v. the Ministry of External

Case brief

What is this about?

What did the court decide?

Ajantha Barnabas v. the Ministry of External

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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