RIYAS SALIM Vs. C. I. OF POLICE

JUDGEMENT

(1.) This petition is filed under S.482 of the Code of Criminal Procedure by the accused in Crime 645/2010 of Pathanamthitta Police Station registered for the offence under S.408 of Indian Penal Code on Annexure 2 FIR. The case of the petitioner is that the case is registered based on the information furnished by a third party, who has no personal information and hence has no locus standi. It is also contended that as the offence is alleged to have committed outside India without the previous sanction of the Central Government as provided under S.188 of Code of Criminal Procedure, the case cannot be registered or investigated.

(2.) Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

(3.) The argument of the learned counsel appearing for the petitioner is that the first informant has no direct knowledge with regard to the allegations raised therein and therefore he has no locus standi to file a complaint and based on such complaint, no case can be registered. It is also argued that in any case the case can be investigated only by the Central Government and not by the State Government. Learned counsel also argued that when admittedly no sanction was obtained from the Central Government, no investigation could be conducted. Learned counsel argued that in view of S.34A of Extradition Act, subsequent to the amended S.188 of Code of Criminal Procedure, the case could be registered only as provided under S.34A of Extradition Act.