RIAZ AHMED SIKANDER KITTUR Vs. STATE OF UP

JUDGEMENT

(1.) By the Court.- Heard learned counsel for the petitioner Sri Rishad Murtaza, Sri Prityush Tripathi, learned counsel appearing for the Union of India as well as Sri Bireshwar Nath, learned counsel appearing for Central Bureau of Investigation. Gone through the record.

(2.) Petitioner Riaz Ahmed Sikander Kittur has approached this Court by filing this petition under Article 226 of the Constitution of India feeling aggrieved by order dated 5.2.2001 (Annexure-3 to the petition) passed by the Chief Judicial Magistrate, Lucknow. By means of said order, the learned Magistrate has granted remand of the petitioner till 19.2.2001 and has further directed that in the meantime the concerned authority may complete formalities for extradition of the petitioner to Sultanate of Oman.

(3.) The case as set up by the petitioner in the petition is that his nick name is "Naseer"; he was employed in firm Al-Maha Enterprises Construction Company, Sultanate of Oman; his Visa was sponsored by the owner of said Firm. The employer of petitioner stood trial in the Sultanate of Oman by a Shariat Court in which the petitioner was a witness. His testimony was reporded by the "Qazi" and he was informed that he would no longer be required for adducing evidence and permission was also accorded for his return to India. It is further pleaded that the Visa and Passport of the petitioner was in the custody of his employer. His Passport was handed over to him at the Passport Control Counter (Emigration Counter) at the International Airport along with return ticket and he was made to board return flight from Oman to India. The employer of the petitioner, as per information received by the petitioner, was convicted in the embezzlement case.