Happy Chhabra v. Union Of India And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15121-2015 (O&M) Decided on : 03.10.2023 Happy Chhabra . . . Petitioner(s)

Versus

Union of India and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE VINOD S. BHARDWAJ PRESENT: Mr. Parminder Singh, Advocate for the petitioners.

Mr. V. K. Kaushal, Advocate for respondent No. 1.

Ms. Shubhra Singh, Advocate for respondent No. 2-CBI.

Mr. Pankaj Mulwani, DAG, Haryana for respondents No. 3 to 5.

**** VINOD S. BHARDWAJ, J. (Oral) Prayer in the present petition is for seeking issuance of direction to the respondent authority to take immediate steps for extradition of respondents No. 6 and 7, who are required to face trial in case FIR No.633 dated 30.08.2011 registered under Sections 419, 420, 467, 468, 471, 506 and 120-B of the IPC at Police Station Model Town District Panipat.

-22.

Learned counsel appearing on behalf of the respondent as well as for the Central Bureau Investigation inform the Court that an appropriate request for extradition has already been sent to United States of America through proper channel, however, the said request has been returned as the addresses of respondents were not correct. Fresh addresses were thereafter received and have been duly processed. The request for extradition of respondents No. 6 & 7 has again been forwarded to United States of America.

Counsel further contends that all appropriate steps shall be taken by the respondent-State to seek extradition of respondents No. 6 & 7, who are absconding from the justice.

3.

Counsel for the petitioner does not controvert the aforesaid submission, however, he contends that the matter has already been delayed substantially and a request of follow up has been made up. 4.

In view of the above and without commenting on merits of the present case, instant petition is accordingly disposed of by issuing following directions:- (i).

that the Interpol/Ministry of External Affairs shall take all requisite steps for seeking extradition of respondents No. 6 & 7.

(ii). that if any clarification/ information is called for by the USA, the same shall be forwarded by the Interpol/Ministry of External Affairs within the four

-3weeks from the date of receipt of such query from United States of America to the State Government.

(iii). that State Government, on receipt of communication for further clarification/ information from the Interpol/Ministry of External Affairs, State shall furnish the requisite information to the Interpol/Ministry of External Affairs within a period of 08 weeks of receipt of such query.

(iv). that on receipt of said information/clarification by the State Government, the same shall be forwarded by the Interpol/Ministry of External Affairs to the concerned Authorities so as to expedite the request of extradition. (v).

that the Authorities shall also not cause any undue delay in processing the request/clarification of documents. 5.

Disposed of accordingly.

6.

Pending Misc. Application(s), if any, also stand(s) disposed of.

( VINOD S. BHARDWAJ) JUDGE October 03, 2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No