ABU SALEM ANSARI Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this writ petition challenging the order dated 15.1.2014 passed in S.T. No. 40/2007 by the Court of 14 th Additional Sessions Judge, Bhopal vide which the Court below has refused to recall the production warrant issued by the predecessor Court in Sessions Case No. 40/2007 trying the accused under the provisions of Section 302/120 B of Indian Penal Code and Section 25 of the Arms Act on the ground that production warrant was issued by his predecessor and recalling such production warrant will amount to reviewing the earlier order, which authority is not vested in the Sessions Court. It has also come on record that no application has been moved either by the State or C.B.I to withdraw the pending Sessions Case .

(2.) It is the contention of the petitioner that petitioner was extradited from Portugal to Union of India pursuant to the orders of Ministry of Justice, Portugal dated 28.3.2003 to be tried in 9 cases. List of these 9 cases has been enclosed by the petitioner as Annexure P-7 which is as under: a) Process RC-I (S) 93/CBI/STF/MUMBAI, for the practice of:

(3.) He submits that since accused was brought to India on 11.11.2005 and was produced before the learned TADA Court at Mumbai, therefore, in terms of the order of extradition of accused further proceedings regarding trial of the accused in other cases, viz., Case No. 40/2007 registered at Parvalia Sadak Police Station, Bhopal cannot be tried in the light of the law laid down by the Supreme Court in the case of Abu Salem Abdul Qayyum Ansari v. Central Bureau of Investigation and another [(2013) 12 SCC 1].