ULTRAMED PRIVATE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a private limited company registered under the Companies Act and the present petition is filed through its Managing Director, Dr. Anil Sharma, for the purpose of issuance of writ order or direction to the respondents for initiating extradition proceedings against Frank Martin Ruseler and Gerrit Jan Vijfvinkel. THE Additional Chief Judicial Magistrate No. 2, Jaipur City, Jaipur issued bailable warrants against following persons:- i) Mr. Frank Ruseler (International Sales and Marketing Manager of M/s. Dutch Ophthalmic Research Centre International By Oude Singe 12, 3211 B. A. Geervliet, Holland) New Address : Scheijdelveweg 2, 3214 vn Zuibland, THE Netherlands ). ii) G. Vijfvinkel, President, M/s. Dutch Ophthalmic Research Centre International By Oude Singe 12, 3211 B. A. Geervliet, Holland ). (New Address : Scheijdelvweg 2, 3214 VN Zuibland, THE Netherlands ).

(2.) THE bailable warrants were issued on 22. 2. 95 which reads as under:- 22. 2. 1995 "application for exemption of attendance of complainant produced and it was accepted for today. File was examined. Complainant and Vastalla Garg, have corroborated the complaint. THE complaint is based on the facts that the complainant purchased ophthalmic equipments from accused no. 1 and 3 and the payment of the same was to be made through accused no. 4 and 5 and it was the settled term that in case there was no complaint of any nature regarding those equipment, the payment could be made after the expiry of six months but the equipment did not work properly within that period of six months and accused no. 4 and 5 made the payment of those equipments to accused no. 1 and 3 before the expiry of the period of 6 months and the accused persons committed criminal breach of trust. these facts had been verified from the statements of complainant and his witness Vatsalla Garg, and prima facie case of offences under Sections 406, 420 IPC has been made out against all the accused persons from the complaint, prosecution evidence and the documents produced and the cognizance is taken against the accused persons under those sections. Case be registered, after deposit of list of witnesses and the process fee bailable warrants of Rs. 3,000. 00 may be issued against the accused. For requisitioning accused adjourned to 1. 5. 1995. "

(3.) SINCE the warrants which are issued by the Court under sections 406 and 420 IPC are not being executed therefore, the present writ petition is preferred.