One FIR file from an FD investor to Metropolitan Magistrate Court Mumbai in 2016 ( under section 154 Cr. P.C) (sections 406,420,120 D) As of now, this company is in liquidation by Mumbai high court. Can Court pass an order for the extraction of me from my resident country abroad on this FIR? Now I want some guide us on the right way to come up with this problem as I am abroad(NRI) so can go to attain a case.
Dear Querist
The court has no power to extradition of any accused from abroad, It is upto the Center Government.
It will be better for you to file an anticipatory bail application before the Session Court or High Court under section 438 of Cr.P.C. and after getting bail from the court you may visit India and either fight the case on merit or settled the matter with the complainant.
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Have you been made an accused ?
what are allegations made against you in FIR ?
has any bailable warrant been issued against you kindly clarify
Dear Client,
This depends on the country to country basis because you can only be extradited where the Indian government has made an official extradited treaty.
For example in India and U.A.E., has signed an extradited treaty which makes both the countries follow each other countries laws in the matter of extradition.
Thankyou
- if there is no order from the High court for stay the criminal proceeding going in the metropolitan court then you will have to take anticipatory bail from the court.
- Further, as the extradition order has been already passed then you should contact a local lawyer in India for cancelling the same.
- Further , if you are residing in UAE then you must know that there is extradition treaty to handover the accused between two country.
I need to understand what order has been passed by the court against you to advise you the proper course of action.
Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
If the magistrate court has issued an arrest warrant and also issued a look out circular, then the concerned police may have to take steps for extraditing you from abroad as per the lengthy process of law.
Since this is a police prosecuted case, and the offences are no heinous, in my opinion the police may not take any steps to get you extradited from foreign country especially without knowing your passport and other details including the country name etc.
