BHAVESH JAYANTI LAKHANI 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.) THE case of the petitioner as stated in the written submission is that he got married to respondent 6 on 6/4/2002 in Mumbai. After marriage, they proceeded to California and stayed there from 2002 to 2005. Their child Eesha is aged about 5 years. According to the petitioner, respondent 6 withdrew all funds from their joint account and filed a petition for divorce in the court of Norfolk, Boston, which was not admitted on the ground of jurisdiction and enraged by this respondent 6 filed a false complaint against the petitioner and obtained restraint order against her and Eesha, which was subsequently vacated. On