T Kalaiselvan Below points upon your last reply on my doubt by Advocate T Kalaiselvan some more doubt as below in number 1 2 3 4 my question / doubt / answer without number is last reply of AdvocateT Kalaiselvan If you have not been informed anything about the so called extraction till this date, then it could by just a myth, don't fall prey to false rumours. 1. Till now we haven't been informed on any of the matters nor have we received any notice in India (as we are out of the country more than 5 years) nor in my country of UAE where i live. Police called my father in law who is 87 years old sending summons that he has financial transactions with me & threatened him at the police station that will put you in jail, took his mobile phone and called me and said we have your passport info from your father-in- law now we will extract you from the UAE. MY father in law never saw police stations in life and his mental state of mind is very much disturbed & his day to day life in fear because of police behavior. The offences mentioned in the FIR and charge sheet can very well be tried by the judicial magistrate court. 2. It's about an FD investor as the FD matter is going on in Mumbai High Court. Liquidator has been appointed but in the Mumbai High Court still this case is going on. Complaint about fraud in FD which is not there as it's unsecured funds in the company. The special court will deal with the specific offences and not the common offences as mentioned in the charge sheet. 3. So an extraction order can be given by a special court? Or can a magistrate court give such an order? Have you a confirmed information about sending an extraction notice by the magistrate to extradite you? 4. No, I don't have any information about the extraction notice. what is the relevancy for the information that you have been made known. 5. I don't have relevant information as police say to my father in law I will do this as money is involved.
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Your father in law should file complaint with commissioner of police against IO that he is senior citizen and is being harassed by IO and threatened with jail even though he has no financial transactions with son in law
2)you need not fear as no notice has been served to you
If your father in law has been harassed and being troubled frequently by the local police, he can very well file a petition before high court seeking direction to concerned police to not to harass him especially when he is no where connected or related to the alleged criminal complaint.
For your information the procedures to be followed to extradite a person from abroad or a foreign country is very lengthy and not a joke like what the police man says.
If at all he has any power to extradite you, ask him to go ahead, he cannot take even a single step forward towards this.
He may posing threats on the basis of his local powers, but when you approach high court against him then he will silently evade from the scene.
3. Extradition order is passed by police if required and same can be challenged in court.
Police called my father in law harassed him again and being troubled by the local police, I have asked him to file a petition before the high court seeking direction from concerned police not to harass him as you guys have suggested but he is in fear and another family members fear him that police will harass more so he said I am almost 90 years old can't go to court can't take this pain to go to court. I hope you understand his mindset. We have not received any notice nor any official intimation about such FIR so do we have to file quash FIR application to the high court, Mumbai without any notice? Without any notice do the police have any power to extradite me from my resident country which is at UAE? All these points what do we have to follow next
Quashing is tjj ok be fine only in exceptional circumstances
2) as on date no FIR has been filed
3) question of quashing dues not arise
4) you would not be extradited as there is no pending criminal case against you
There is a hearing on externment and only after that a order is passed.
For filing petition under section 482 Cr.P.C before high court to direct concerned police to not to harass, your father in law need not go to court.
If he is under imaginary fears he should be counseled about this either by you or by any other person who would be able to convince him.
If there's no information about any FIR then there's no question about filing quash petition before high court.
The police do not have any power to extradite anyone from a foreign country.
They have to follow the lengthy procedures of law for filing the application before concerned court and to follow it up relentlessly by setting aside all their other activities for a very long time till they get tired without finding any solution to their efforts.
Thus your worries about extradition process at this stage may be unnecessary.
Dear Client,
Essential conditions for extradition are i) The relevant crime is sufficiently serious. ii) There exists a prima facie case against the individual sought. iii) The event in question qualifies as a crime in both countries. recipient country.Extradition, in international law, the process by which one state, upon the request of another, effects the return of a person for trial for a crime punishable by the laws of the requesting state and committed outside the state of refuge.No country in the world has an extradition treaty with all other countries; for example, the United States lacks extradition treaties with China, Russia, Namibia, the United Arab Emirates, North Korea, Bahrain, and many other countries.Extradition treaties help governments bring criminals who have fled their country to justice.Quashing of criminal proceedings would mean ceasing the legal machinery which had been set in motion. This is usually done after a First Information Report (hereinafter referred to as FIR) is filed, before the chargesheet-filing stage.Thus it is manifest that a First Information Report can be quashed during the pendency of the investigation even.The Apex Court in the said Judgment has not categorised by holding that the F.I.R.
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