Disposed

B.Rajendiran v. the Station House Officer

Madras HC25 Jul 2024CRL OP/13514/2024

Case brief

AI extract

What is this about?

Defacto complainant sought direction to Judicial Magistrate-II, Puducherry to number and dispose his pending Extradition Act Section 16 application against an absconding accused believed to be in Canada. Court found the application pending over two years and directed disposal within two months.

What did the court decide?

Direction to Judicial Magistrate-II, Puducherry to take up and pass orders on the pending Extradition Act Section 16 application within two months.

B.Rajendiran Vs the Station House Officer — Writ and Judicial Review | Madras HC (2024)

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Crl.O.P.No.13514 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.07.2024

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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Crl.O.P.No.13514 of 2024

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B.Rajendiran. ... Petitioner/Defacto Complainant

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/versus/

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The State Represented by, The Station House Officer, Muthailapet Police Station, Puducherry. (Crime No.46/2019) ...Respondent/Complainant

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Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the Learned Judicial Magistrate-II, Puducherry to number the Criminal Miscellaneous Petition filed under Section 16 of Extradition Act pending on the file of the Learned Judicial Magistrate-II, Puducherry and dispose the said petition as expeditiously as possible.

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For Petitioner : Mr.R.Vivekananthan

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For Respondent : Mr.M.V.Ramachandramurthy, Additional Public Prosecutor

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

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Crl.O.P.No.13514 of 2024

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O R D E R

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This Criminal Original Petition is filed to direct the Learned Judicial Magistrate-II, Puducherry to number the Criminal Miscellaneous Petition filed under Section 16 of Extradition Act pending on the file of the Learned Judicial Magistrate-II, Puducherry and dispose the said petition as expeditiously as possible.

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2 . The petitioner herein, who is the defacto complainant in Crime No.46/2019 being aggrieved by inaction of the Judicial Magistrate, Puducherry, for not considering his application under Section 16 of Extradition Act is before this Court.

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3 . According to the petitioner, private complaint under Section 138 of N.I Act is pending on the file of Judicial Magistrate-II, Puducherry in S.T.C.No.613 of 2019. The accused person/A2 got absconded and therefore, application in Crl.M.P.No.1554 of 2016 was filed to declare A2 as a proclaimed offender. The Judicial Magistrate, Puducherry vide order dated 14.09.2017 issued the said proclamation as against the 2 nd respondent and as a consequence, fresh case in C.C.No.226 of 2020 also been registered. While so,

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.O.P.No.13514 of 2024

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the petitioner herein who is the victim/defacto complainant has taken out an application under Section 16 of Extradition Act knowing that the proclaimed offender is presently in Canada working in British Airways therefore warrant is necessary for extradite him from Canada to India to face the trial and said process has to be accomplished through the Ministry of External Affairs.

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4. According to the petitioner, the application which was filed in

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the year 2022 not taken up for consideration till date, and the matter been adjourned time to time.

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5. On perusing the record, this Court find that the application filed

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by the petitioner herein under Section 16 of Extradition Act yet to be decided, though it is pending for more than two years. Hence, it is appropriate to direct the Judicial Magistrate-II, Puducherry to take up the application and pass orders in accordance with law, within a period of two months.

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6. With this observation, this Criminal Original Petition is

disposed of.

25.07.2024

Index : Yes/No.

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

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Crl.O.P.No.13514 of 2024

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Neutral Citation : Yes/No. bsm

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Dr.G.JAYACHANDRAN,J.

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bsm

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Copy to:-

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1. The Judicial Magistrate-II, Puducherry.

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2. The Station House Officer, Muthailapet Police Station, Puducherry.

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3. The Public Prosecutor, High Court, Puducherry.

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Crl.O.P.No.13514 of 2024

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25.07.2024

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

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B.Rajendiran v. the Station House Officer

Case brief

What is this about?

What did the court decide?

B.Rajendiran v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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