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Sri Sowmya (LLb)     16 August 2012

Warrants to be served in usa

In a particular case, the Accused and his mother absconded to USA. The girl was utterly cheated and abandoned. left with no other choice she filed a 498A case. Due to the severeity of the case,  the chargesheet is filed against the accused and his family U/s 498A,406,506 and 420. NBW's are issued against both the mother and son. The location of the accused is unceratin but his employer details are available.  Can anyone please guide the procedure to get these warrants served in USA?

 



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 3 Replies

N.K.Assumi (Advocate)     16 August 2012

After filling of chargesheet and cognizance taken by the concern court the dwo can be extradiated to India, as there is Extradition Treaty between USA and India in 1997. There are procedure in this regards like documentation etc, which the concern court will exercise to bring back the criminal fugitivesto India for trial.

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Sri Sowmya (LLb)     17 August 2012

Thank you for your valuable suggestion.. do we need to look into any other aspects in such case?

N.K.Assumi (Advocate)     17 August 2012

You only have to see whether charge sheet has been filed or not and cognizance taken by the court. The rest the court will take care of it.


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