IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 606 of 2010() ------------------------ CC.1585/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM .................... PETITIONER(S): DE FACTO COMPLAINANT: ----------------------------------------------------------------- ANITHA K.NAIR, D/O.KAMALADEVI, HOUSE NO.631, PRASANTH NAGAR, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM. BY ADV. SRI.B.PRAMOD RESPONDENT(S): COMPLAINANT & ACCUSED NO.1: ------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. VIMAL KUMAR, S/O.THANKAPPAN PILLAI, HOUSE NO.1717(A), BUND ROAD, KOODARAPILLY LANE, VYTTILA, ERNAKULAM, PRESENTLY AT BAYER CORPORATION, 36,P.O.BOX 1910, MORRIS TOWN, COLUMBIA ROAD, NEW JERSEY 07962 1910. R1 PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.606 of 2010 -------------------------------------- Dated this the 14th day of June, 2010 ORDER The petitioner who is a de facto complainant in Crime No.39 of 2006 of Sreekaryam Police Station for an offence punishable under Section 498 A read with Section 34 I.P.C. and now pending before the Judicial Magistrate of the First Class-I, Thiruvananthapuram as C.C.No.1585/2006 seeks a direction to the learned Magistrate to dispose of Annexure-VII petition filed as C.M.P.7889 of 2009 for extradition of petitioner's husband Sri.Vimal Kumar who is settled down in the U.S.A. 2. This Court called for a report from the Judicial Magistrate of the First Class-I, Thiruvananthapuram. As per letter dated 10/6/2010 the Magistrate has reported that since C.M.P.No.7889/2009 filed by the petitioner was not in accordance with guidelines issued by the Government of India, she was asked to cure the defect and that on her behalf it was submitted that 23/4/2010 steps have been taken to file a fresh extradition petition in accordance with the guidelines. 3. The procedure for extradition of accused to India Crl.M.C.No.606/2010 : 2 : under the Extradition Act, 1962 has been laid down by the Ministry of External Affairs through guidelines which have been communicated by this Court as per official memorandum dated 25/11/2009 in D-IB.72510/2009. As per the guidelines for extradition it is permissible for the Court also to make a request for extradition of a person who is abroad. There cannot be any dispute that the above said procedure will be applicable only if reciprocal arrangement between India and country where the fugitive is located exists. There is no dispute that reciprocal arrangements exist between India and USA and so in case Ext.P8 application filed by the petitioner or any fresh application filed by the petitioner for extradition of the first accused is found to be defective it shall be open to the court below either to permit the petitioner to cure the defect or the court below itself may make a request for extradition of the first accused in the case. Since by virtue of under Section 273 Code of Criminal Procedure the accused has a right to be present when the evidence is taken, it goes without saying that the court below shall try the case as against the first accused only after securing his presence. In Crl.M.C.No.606/2010 : 3 : case the trial of A1 and A2 together is not feasible, it shall be open to the court below to split up the case as against A1 and continue the trial as against A2. This Criminal M.C. is disposed of accordingly. V.RAMKUMAR, JUDGE skj