VIJAY BARMAN Vs. STATE OF C.G.

JUDGEMENT

(1.) The present Criminal Revision under Sec. 397 of the Cr.P.C has been filed by the applicant assailing the order dtd. 9/8/2018 passed by the learned 1st Additional Sessions Judge, Sakti, Dist - Janjgir-Champa in S.T. No. 183/2015 by which learned trial Court has rejected the application filed by the applicant under Sec. 188, 189 of the Cr.P.C. to discharge him for non compliance of the sanction from the Central Government before prosecuting him.

(2.) Brief facts as projected in the present case are that on 20/7/2015 on the basis of the direction of the Collector District Janjgir Champa (C.G.) and also on the basis of the complaint of villagers the Police registered FIR against the applicant for the alleged offence punishable u/s 370(3) of IPC (offence involving the trafficking of 22 persons to Malaysia) and started investigation in the matter. During the course of the investigation statement of the witnesses and memorandum of the accused were recorded and after completion of the investigation police filed charge-sheet for commission of offence under Sec. 370(3) of the IPC against the applicant in connection with Crime No. 107/2015. After filling of Charge-sheet the learned Trial Court has fixed the case for framing of the charge and vide it's order dtd. 7/12/2016 the learned trial Court has framed the charge against the applicant as well as against the other accused persons for the commission of offence punishable under Sec. 370 (3), 34 of Indian Penal Code. After framing of charge, the learned trial Court has prepared the trial Programme by its order dtd. 13/12/2016 and fixed the case for recording of statement of the witnesses on 17/1/2017 and as of now today 30 witnesses have been examined.

(3.) During the course of trial, on 4/8/2018, the applicant/accused moved an application under Sec. 188, 189 of Code of Criminal Procedure contending that the offence alleged to have been committed outside of India therefore, a trial without prior permission from the Central Government cannot be initiated, as such, the entire proceeding is without jurisdiction and non-est and the accused is liable to be acquitted from the charges