BHAVESH JAYANTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the warrant issued by the Magistrate Court, Clayton County, Georgia in Case No.2006/CW/06369 and Case No.2006/CW/06370 or any other Court in the U.S.A. in respect of the complaint filed by respondent 6 is sought to be stayed. The petitioner is also seeking a direction restraining the respondents or any other Central Government machinery from arresting the petitioner or taking any action pursuant to the warrants.

(2.) We have heard, at length, Mr. Mundargi, learned senior counsel, who is appearing for the petitioner, Mr. Choudhary, who is appointed by us to appear for respondent 6 and Mr. Borulkar, learned Public Prosecutor for the State.

(3.) In this petition, on 7/4/2008, Division Bench of this court (Bilal Nazki & V.M. Kanade, JJ) issued notice to the other side. Interim relief in terms of prayer clause (c) was granted. Resultantly, the warrants issued against the petitioner got stayed. The petition appeared on our board on 22/7/2008. Since respondent 6, the wife who is in U.S.A. was not served, she was not represented. Because it is the case of the petitioner as submitted in the court and reiterated in the written submissions that a Red Corner Notice is issued against him and because by interim order, the warrants and the Red Corner Notice are stayed, we appointed Mr. Choudhary to assist us on behalf of respondent 6. We directed that the petition be placed on our board on 29/7/2008. Interim protection was ordered to be continued till 29/7/2008. We directed Mr. Choudhary to get address of respondent 6 from the petitioner's counsel and take steps to contact her. On 29/7/2008, Mr. Choudhary stated that he had contacted the petitioner on phone.