Allahabad HC allows application of mafia-don Babloo Srivastava
Allahabad: Allowing the application of mafia- don Babloo Srivastava, the Allahabad High Court in an important judgement has held that an accused cannot be tried in an offence which was not a part of cases for which he was extradited to India.
The Court therefore set aside the order passed by a judicial magistrate of Allahabad on November 22, 2013 while allowing the application.
The applicant mafia - Don Babloo had challenged the order passed by the judicial magistrate, Allahabad whereby the Court had started to proceed against the applicant for the offence pertaining to a case registered against him in the year 1988 at police station George Town, Allahabad under section 307 IPC and section 25 of Arms Act.
The plea of the applicant was that the court cannot proceed for the trial and committal of criminal cases other than for which applicant was extradited to India. Considering the issue and the provisions of Extradition Act, 1962 Justice Manoj Mishra set aside the order of judicial magistrate holding that an accused can not be tried for cases other than for which he was extradited.