JOSEPH PALANIVEL JEYAPAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner Joseph Palanivel Jeyapaul has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India and exercise of inherent powers vested in this Court under Section 482 Cr.P.C. praying that the Extradition Inquiry Report dated 25.08.2014 by learned ACMM, Patiala House Courts may be set aside and he be discharged.

(2.) IT may be noted here that as per averments made in para 23 of the writ petition, earlier the Petitioner has filed W.P.(crl.) No.1856/2014 which was dismissed as premature on 16.09.2014. However, in para 22 of the writ petition, it is mentioned that the Petitioner filed a representation dated 01.09.2014 in terms of Section 7(4) of Extradition Act, 1962 to the Government of India seeking his discharge but no communication has been received by the Petitioner in this regard till date.

(3.) HOWEVER , perusal of the proceedings dated 31.10.2014 reveals that this writ petition has been filed after communication to the Petitioner rejection of the representation dated 01.09.2014 of the Petitioner by Government of India on 30.10.2014. On 31.10.2014, on urgent mentioning at