JOSE INACIO COTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court by way of the instant writ petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Code') praying for mandamus to the respondents to make full disclosure of the evidence collected during investigation of the crime of rape registered against the petitioner in London.

(2.) The facts of the case, as mentioned in the petition, are that the petitioner is a Portuguese national and a person of Indian Origin, who was born in Goa. He is accused of committing rape of a lady at a pub in London, United Kingdom on 28/5/2017. The Petitioner came back to India on 5/6/2017. The petitioner was subsequently charged with the offence of rape under Sec. 1(1) of the Sexual Offences Act, 2003 of UK. Arrest Warrant was issued against the petitioner on 11/6/2019.

(3.) On 18/9/2020, upon receipt of the request for extradition, and having been satisfied as to the extraditability of the offence, the Government of India, on 22/3/2021, ordered magisterial inquiry under Sec. 5 of the Extradition Act of 1962 before the Court of ACMM-01, Patiala House Courts, New Delhi to inquire into the extradition request as to the extraditability of the offence in terms of the Extradition Act, 1962 and the Extradition Treaty between the Government of the Republic of India and the Government of the United kingdom of Great Britain and Northern Ireland.