Delhi High Court - Orders
Jose Inacio Cota vs Union Of India And Anr on 22 November, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3204/2023
JOSE INACIO COTA ..... Petitioner
Through: Mr. Arpit Batra, Advocate.
versus
UNION OF INDIA AND ANR ..... Respondents
Through: Mr. Ajay Digpaul, CGSC with Ms.
Rekha Pandey, SPP with Mr. Kamal
R. Digpaul, Mr. Raghav Pandey and
Ms. Ishita Pathak, Advocates.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 22.11.2023
1. The present writ petition is filed under Article 226 of the Constitution of India read with sub-clause (d) of section 31 of the Extradition Act, 1962 on behalf of the petitioner for staying the process under section 8 of the Extradition Act, 1962 of issuance of warrant for custody and removal of the petitioner and for his delivery as mentioned in the warrant sent by the Foreign State till the conclusion of trial arising out of FIR bearing no. 0080/2021 registered under sections 324/504 IPC at P.S. Maina Curtorim, Goa stated to be pending before the court of Civil Judge Junior Division and JMFC D, Margao, Goa. The petitoner has made the following prayers:-
A. Writ Petition under Article 226 of The Constitution of india, 1950 r/w sub-clause (d) of section 31 Extradition Act, 1962 on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 20:51:40 behalf of the petitioner for staying the process under s. 8 Extradition Act, 1962 of issuance of warrant for custody and removal of the petitioner and for his delivery as mentioned in the warrant sent by the foreign state till the conclusion of trial emanating from FIR No. 80/2021; PS: Maina Curtorim u/s 324/504 Indian Penal Code, 1860 pending trial in Case No. IPC/8/2022 before Civil Judge Junior Division and JMFC D, Margao, Goa B. Direct Respondent No. 2 to file a status report regarding the factum of pendency of trial emanating from FIR No. 80/2021; PS:
Maina Curtorim u/s 324/504 Indian Penal Code, 1860 pending trial in case no. IPC/8/2022 before Civil Judge Junior Division and JMFC D, Margao, Goa;
C. Any other Order(s) that this Hon'ble Court may deem fit in the interest of justice.
2. The counsel for the petitioner stated that the complaint case bearing no. 690/2021 was instituted by the respondent no. 1 against the petitioner for his extradition to the United Kingdom, in furtherance of the extradition request along with warrant of arrest and other documents received by the respondent no. 1 from the Government of United Kingdom through diplomatic channels. Thereafter, the court of Sh. Abhishek Kumar, ACMM- 01, New Delhi District, Patiala House Courts, New Delhi (hereinafter referred to as "the extradition court") vide inquiry report dated 12.10.2023 had opined that a prima facie case is made out against the petitioner/fugitive criminal. The counsel for the petitioner further stated that the petitioner is facing trial arising out of FIR bearing no. 0080/2021 registered under sections 324/504 IPC at P.S. Maina Curtorim, Goa which is still pending. In these circumstances, the counsel for the petitioner prayed that the present petition with the above prayers be allowed.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 20:51:40
3. The Special Public Prosecutor for the respondent no. 1 stated that the Central Government i.e. Ministry of External Affairs (CPV Division) vide its order No. T-413/70/2020 dated 21.03.2021, requested the extradition court for an extradition inquiry under Section 5 of the Extradition Act, 1962 in respect of Jose Inacio Cota, a Potuguese national, on the request of the Government of United Kingdom of Great Britain and Northern Ireland. The Special Public Prosecutor also stated that the extradition court vide Extradition Inquiry Report dated 12.10.2023 already opined that a prima facie case is made out against the petitioner/fugitive criminal on the charge of the rape under section 1(1) of the Sexual Offences Act, 2003. It is further stated that the petitioner has already made a representation to challenge the Extradition Inquiry Report dated 12.10.2023 which is pending for consideration and shall be decided in accordance with law and within the period as stipulated in the Extradition Act, 1962. The Special Public Prosecutor for the respondent no. 1 further stated that the pleas and contentions as raised by the petitioner including the pendency of trial arising out of FIR bearing no. 0080/2021 registered under sections 324/504 IPC at P.S. Maina Curtorim, Goa shall also be considered by the appropriate authority at the time of taking the decision in the representation already submitted by the petitioner.
4. Accordingly, the present petition is disposed of with a direction to respondent no. 1 to decide the representation already submitted by the petitioner/fugitive criminal to impugn the Extradition Inquiry Report dated 12.10.2023 and while doing so, to consider the pleas and contentions as raised by the petitioner in the present petition, including the pendency of trial arising out of FIR bearing no. 0080/2021 registered under sections This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 20:51:41 324/504 IPC at P.S. Maina Curtorim, Goa as an additional ground if not taken by the petitioner in his representation in accordance with law.
5. Copy of this order be given to the petitioner as well as to the Special Public Prosecutor for the respondent no. 1 for doing the needful.
DR. SUDHIR KUMAR JAIN, J NOVEMBER 22, 2023 pa/am This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 20:51:41