PAWAN MALIK vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on 28th October, 2025. Pronounced on: 18th November, 2025. Uploaded on: 18th November, 2025. + W.P.(CRL) 2787/2023 & CRL.M.A. 26050/2023 PAWAN MALIK .....Petitioner Through: Mr. Ranbir Singh Kundu, Mr. Manish Kumar, Mr. Shitanshu Saklani, Advocates. versus UNION OF INDIA .....Respondent Through: Ms. Avshreya Pratap Singh Rudy, CGSC with Ms. Usha Jamnal, Mr. Mohd. Junaid Mahmood, Ms. Prajna Pandita, Advocates for UOI. Ms. Rekha Pandey, SPP with Mr. Raghav Pandey, Advocates for MEA. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J. 1. This petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, assails order no. T-413/41/2022 dated 19th April, 2023, passed by Union of India directing a magisterial inquiry under Section 5 of the Extradition Act, 1962, 1 and seeks setting aside of all proceedings arising therefrom, including C.T. Case No. 882/2023, pending before the Court of the Additional Chief Metropolitan Magistrate-01, Patiala House Courts, New Delhi. 2. The Petitioner is an Indian national wanted by the Government of Canada to stand trial for offences arising from a motor vehicle incident that 1 “the Extradition Act” Signature Not Verified Digitally Signed By:NITIN KAIN W.P.(CRL) 2787/2023 Page 1 of 10 Signing Date:18.11.2025 19:13:09 allegedly caused the death of a pedestrian, Ms. Kavita Choudhary. He stands charged with “failure to stop after an accident resulting in death” under Section 320.16(3) of the Criminal Code, R.S.C. 1985. 3. By Note Verbale dated 11th April, 2023, the Government of Canada, through its High Commission requested the Ministry of External Affairs,2 Union of India,3 for the extradition of the Petitioner (