Delhi High Court - Orders
Union Of India vs Nilesh Ajmera on 25 March, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 631/2022
UNION OF INDIA ..... Petitioner
Through: Mr. Ajay Digpaul, CGSC with Mr.
Kamal R Digpaul and Ms. Pinky
Yadav, Advocates
versus
NILESH AJMERA ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 25.03.2022 CRL.M.A. 5422/2022 Exemption allowed subject to just exceptions. The application stands disposed of.
W.P.(CRL) 631/2022 & CRL.M.A. 5421/2022 (Stay)
1. The instant writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of Union of India seeking following relief:-
"a) Set aside the impugned order dated 15.12.2021 passed by Ld. ACMM-01, New Delhi District, Patiala House in CC No 25889/2016 titled Union of India Vs Nilesh Ajmera, including the interpretation of 'extradition offence' under Article 2 of the Extradition Treaty between India and UAE, and direct the Ld. Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:28.03.2022 19:24:17 ACMM-01 to commit the fugitive criminal to prison and further act as per the provision of the Extradition Act..."
2. Mr. Ajay Digpaul, learned Standing Counsel appearing on behalf of Union of India submitted that learned ACMM failed to appreciate that the offence in question falls under the ambit of "Extraditable Offence" under Article 2 (a) of India - UAE Extradition Treaty as the same is punishable with an imprisonment of more than 1 years under both Federal Penal Code of Requesting State and the Negotiable Instruments Act, 1881 of Requested State, thus satisfying the criteria of dual criminality in the present case.
3. Learned Standing Counsel has also referred to paragraphs 56 and 57 of the impugned order wherein learned ACMM has committed error while rejecting the impugned order.
4. I have heard learned Standing Counsel appearing on behalf of Union of India and perused the contentions made in the petition as well the impugned order.
5. On taking steps by the petitioner within a week, issue notice to the respondent by all permissible modes, returnable on 2nd May 2022.
6. Till then, operation of impugned order dated 15th December 2021 shall be kept in abeyance.
CHANDRA DHARI SINGH, J MARCH 25, 2022 Aj/ct Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:28.03.2022 19:24:17